Terms & Conditions
By browsing the Amazonia Food S.A.C. online store, who has the role of the seller, hereinafter the "Amazonia", and you who have the role of the customer, hereinafter "you", accept every one of the terms and conditions set out below:
1. ABOUT US
www.amazoniafood.com is a website owned by Amazonia, a Peruvian company registered in Lima, Peru. The business address of Amazonia is Av. Alvarez Calderon 155 Of. 301, San Isidro, Lima, Zip Code 15073, Peru.
2. ACCESS TO THE WEBSITE
3. CUSTOMER STATUS
By placing an order through the website of Amazonia, you warrant that:
1. You have the legal capacity to enter into binding contracts.
2. You are at least 18 years old.
4. HOW IS THE CONTRACT STABLISHED
A legally binding contract shall be formed between Amazonia and you when:
1. You have confirmed that you wish to continue with the purchase of one or more products.
2. Amazonia has validated the sale of the product.
3. Amazonia has received the payment and any additional amount.
When your order has been completed, you will receive a confirmation in your e-mail account. If you wish to modify any part of the order, once it has been accepted and the payment has been made, you must contact Amazonia by one of the following means:
i. E-mail: email@example.com
ii. Mail: Av. Alvarez Calderon 155 Of. 301, San Isidro, Lima, ZIP Code 15073, Peru
5. PRICE AND AVAILABILITY
If the product to be purchased is no longer available, you will receive a notification from Amazonia after the order is processed. Amazonia may offer you the opportunity to purchase a product of features and value equivalent to the one you have requested. This case would not happen if the product that you are trying to buy is temporarily out of stock.
Prices may vary at any time, but changes will not affect orders for which Amazonia has submitted a confirmation.
Prices of the products do not include sales taxes or shipping costs; this will be displayed separately at the time of selecting the Courier by you. The price of the product is defined by actual weight and volumetric weight. You shall be considered as the importer, and as such, you shall pay any additional charges and customs duties demanded (such as taxes, fees, and other expenses requested by the country of destination for nationalization).
If Amazonia website is malfunctioned by hackers or any other external event Amazonia, and the prices (or other elements) of Amazonia web page are affected, Amazonia will immediately return the money to customers. Shipments will not be effective, and you will not be entitled to claim, since these are unforeseen events outside the company.
Amazonia will use the payment methods detailed on the page to provide the highest level of security for payments processed on the website. The payment methods offered to guarantee your security by encrypting the connection during the transmission of banking data on the network. Also, it protects your financial data throughout the placing of the order and payment process. Please note that food cards and food vouchers are not accepted.
Amazonia may only deliver in the countries listed at the shipping address on the payment page. If you don’t find your country on the payment page, you must contact Amazonia through the means indicated in section 4 in order to see what other delivery alternatives.
The delivery period for international sales will depend on the Courier chosen by you or by unforeseen events affecting such delivery.
When international orders arrive in the destination country or region, they may be subject to customs clearance procedures, which may cause delays beyond the original delivery period.
A signature will be required at the time of delivery of the product. If you are not present, a person over the age of 18 must be available with your authorization to receive the shipment. If Amazonia is not able to deliver the product since there is no one to receive it, a notification will be left indicating the attempt. It will be your responsibility to contact Amazonia through the means indicated in section 4 to arrange a new delivery date.
Amazonia will reserve the right to charge additional fees for any further attempt to deliver the product as long as the product is not delivered due to causes beyond the Amazonia’s control. All charges will be made before attempting any subsequent delivery.
In addition, you must know the customs regulations of your country before purchasing since is your responsibility to receive the product in your country.
Delays caused by seeking a better means of delivery of the product shall not be the responsibility Amazonia.
8. WITHDRAWALL OF ORDER OF ANY CHANGES
You may cancel your order up to 24 hours after the order has been placed or before the shipment of the product.
Changes are made only for factory defects and will be subject to evaluation by Amazonia. The result of such evaluation or decision will be notified to you. It is necessary that the product must be delivered as received, that is, with the label, the accessory, the packaging and in the original condition of the product, that is, without having been used. To request any change, you must deliver the respective proof of payment, receipt, and presented together with the product at the place where the return will be processed. If you do not have proof of payment, the change cannot be made.
For any purchase or return of a product it must be made through DHL, FEDEX or State Post Office service of the country of destination. You must approach DHL, FEDEX or State Post Office and deliver the product to be return under the conditions indicated in section 8 number 2.
You must indicate at the DHL, FEDEX or State Post Office that you are making a return made in Amazonia website and that it is required to send it back to the shipper. You must indicate Amazonia’s business address (see the business address in section 4(ii)) It should be noted that you will be responsible for all shipping charges.
In the event that the product is shipped without having complied with the shipping methods, Amazonia will inform you through the e-mail firstname.lastname@example.org that the return will not proceed. Amazonia shall explain to you the reason for this. Then, the product will be forwarded to the address where it was initially delivered (all shipping charges will be your responsibility). Any cancellation or return approved by Amazonia results in the issuance of a credit note that supports the cancellation or return.
If you decided to cancel your order before the product has been shipped to you, Amazonia will proceed to refund the amount on the card with which you made the payment but the administrative expenses incurred (USD 10) and commissions (5% per receipt of money).
In the case of changing the product, Amazonia must authorize and arrange the collection of the product. You will be charged USD 40.00 (forty US dollars) with taxes included to cover expenses incurred in the recovery of the product. You will be refunded the debited amount to the card with which you made the payment of the product, but the cost of shipment of the product (a maximum charge of USD 40.00, taxes included) expenses for collecting the product, and the fees for using your card which is 5% (five percent). If you want to return the product due to a defect or because there is any damage to it, you must arrange the collection of the product with Amazonia through the means of contact in section 4(i), (ii), and (iii). Amazonia will examine the product and you will be issued with a product replacement with the same features and price or a refund of the paid amount, including shipping costs, will be processed, as Amazonia agrees that the defect or damage to the product was his responsibility.
If it is verified that the product has been used or had any kind of manipulation Amazonia cannot cancel your order.
If the cancellation or exchange is by product quality, it will be determined whether you can request the return of your money or exchange of the product after an exhaustive analysis.
In case of factory failure, the return or exchange process will start as the case may be.
If the product was paid by credit card and you choose the refund method, Amazonia will refund the money on the card used, deducting expenses and fees. This process will be carried out within the calendar period established by the operator and under the procedures established after Amazonia accepts the refund of the money.
Amazonia will approve the refund of the money after the product is receptioned and approves quality control.
For no reason will the product be changed or refunded, if there is any verification by customs or postal service in the country of destination, and therefore the product arrives open or in bad condition.
9. COMMUNICATION BETWEEN AMAZONIA AND ITS CUSTOMERS
The applicable laws of Peru require that the information that Amazonia sends to you should be express in writing. It means that the communication between Amazonia and its customers will be through the website or by e-mail. You agree that any contract, notification, information, and other communications must be express in writing. This condition does not affect your legal rights.
Amazonia warrants that any product that you purchase on the website has quality assurance.
Amazonia’s liability for any product purchased through its website is strictly limited to the purchase price of the product.
Amazonia accepts no liability for any loss of income or profits, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of management or office time, or any indirect or consequential loss or damage of any kind arising out of or caused by grievance (including negligence), a default of contract or other, even if it is foreseeable.
All notifications that you send to Amazonia must be express in writing via e-mail or sent by mail to the business address detailed in section 4 (i), (ii), and (iii). Amazonia may send you notifications, either to the e-mail or postal address that you provided when making an order. Notifications will be deemed to have been received and delivered immediately when posted on the website, 24 hours after an e-mail has been sent, or three days after the date a letter is sent. To prove the sending of any notification, it will be enough evidence, in the case of a letter, that the address of that letter was correct, that it was sealed and mailed. In the case of an e-mail, it will be enough evidence that the e-mail was sent to the e-mail address issued by you.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and Amazonia is binding on both parties and for our respective successors and assignee. You cannot transfer, assign, copy or dissolve a contract or any of its rights and obligations arising thereof, without Amazonia’s prior written consent.
Amazonia can transfer, assign, copy, subcontract, or dissolve a contract or any of its rights or obligations arising thereof, at any time during the term of the contract.
13. FORCE MAJEURE
Amazonia is not responsible for any default of its obligations under the contract that is caused by unforeseeable circumstances ("Force Majeure").
A force majeure includes any act, event, event that did not occur, omission or accident beyond reasonable control. It includes (without limitation) the following:
1. Strikes, lockouts, or other claims
2. Civil unrest, revolt, invasion, terrorist attack or threat of terrorist attack, war (whether declared war or not) or threat of war or training for war
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster
4. Impossibility of the use of railways, ships, aircraft, road transport or other means of public or private transport
5. Impossibility of the use of public or private telecommunications networks
6. Laws, decrees, legislation, regulations, or restrictions of any government
The obligations stipulated in the contract shall be deemed suspended during the period in which the force majeure continues, and the period for fulfilling the obligation shall be extended for an equivalent period. Amazonia will show due diligence so that the force majeure does not last or to find a solution that allows it to comply with the obligations of the contract.
If Amazonia fails at any time during the term of the contract, insists on strict performance of any of its obligations under the contract or any of these terms and conditions, or if Amazonia is unable to exercise any of the rights or means to which it is entitled under the contract, this shall not constitute a withdrawal of such rights or means and shall not exempt Amazonia of compliance with such obligations.
Amazonia's withdrawal of any breach shall not constitute a withdrawal of any subsequent breach.
No withdrawal by Amazonia regarding to these terms and conditions shall be effective unless expressly stated to be a withdrawal and communicated to you express in writing, in accordance with section 11.
If any of these terms and conditions or any provision of a contract is determined by a competent authority to be invalid, illegal or unsignable to any degree, such term, condition or provision shall be separated from the other terms, conditions and provisions, which shall remain valid to the fullest extent permitted by law.
16. FULL AGREEMENT
These terms and conditions and any documents expressly referenced therein represent the entire agreement between Amazonia and you in connection with the subject matter of any contract and supersede any prior agreement, understanding, or contract between Amazonia and you, whether oral or written.
Both Amazonia and you acknowledge that, in the execution of a contract, neither party has representation, offering, or promise given by the other or in a lawful way with anything said or written in negotiations prior to such contract, except as expressly outlined in these terms and conditions.
Neither party shall have any recourse with respect to any false statement made by the other, either orally or in writing, prior to the date of a contract (unless such false statement was made fraudulently) and the other party's sole resource shall be for breach of contract in accordance with these terms and conditions.
17. RIGHTS TO MODIFY THESE TERMS AND CONDITIONS
Amazonia has the right to review and modify these terms and conditions from time to time, so it is recommended to read them before each purchase.
You will be subject to the policies and terms and conditions in force at the time the product was requested, unless any changes to the policies or terms and conditions are required by law or governmental authority (in which case it will apply to orders you have already placed), or if Amazonia notifies you of changes to the policies or these terms and conditions before sending you confirmation of the order (in the case of which has the right to assume that you accepted the change of the terms and conditions unless he communicates otherwise to the Amazonia within seven working days of receipt of the product).
18. USE OF CUSTOMER DATA
You agree that Amazonia may use the data entered to send information about the company, advertisement, and other publications. You, in any case, can request the end of sending information at any time, by writing an e-mail to: email@example.com
The photographs and images used on this website are for the exclusive use of Amazonia’s gallery bank. Any unauthorized copying or improper use thereof shall be immediately reported to the relevant authorities.
20. ABOUT SHIPMENT
All shipments have two attempts of delivery to the address you provided to us in a time range from 09:00 a.m. - 06:00 p.m. from Monday to Friday. No shipments are made with a shorter time range than established.
Orders can also be requested from an agency for pick-up. In this case, Amazonia, at no time, accepts responsibilities for the storage of the order at the destination agency. It is your responsibility to pick up and receive their order as soon as possible to avoid unforeseen events.
21. APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of a product on the website will be ruled by Peruvian law. Any dispute arising out of or relating to these contracts shall be subject to the exclusive jurisdiction of the courts of Peru.
22. LICENSES AND PERMITS
Obtaining any and all licenses and permits necessary for the customs clearance at the point of destination, agreed by you, shall be the sole and exclusive responsibility of you.
If you do not obtain the permit or license necessary for the nationalization of the product, Amazonia shall not be liable or able to be sued by you.
For this purpose, Amazonia will not make a refund or exchange for another product. And if there are expenses generated at customs for the return or destruction of the product, they will be charged to you.
23. TAXES, CHARGES AND FEES
All taxes, charges, and fees applicable to the nationalization of the product, at the point of destination indicated by you, will be your exclusive responsibility.
If you do not pay or cannot pay the necessary charges or fees for the nationalization of the products, Amazonia shall not be liable or may be sued by you.
For this purpose, the refund or exchange for another product by Amazonia shall not apply. If there are expenses generated at customs, for the return or destruction of the product, they will be the exclusive charge on you.
24. MINIMUM AND MAXIMUN QUANTITY ORDER
You declare to know the minimum and maximum purchase quantity by E-commerce (value and product) allowed by the laws of his country.
If you, despite knowing the restrictions of your country regarding the minimum and maximum quantities allowed (price and products), make the purchase and it is not accepted at the customs office of your country, for nationalization, it will be your exclusive responsibility. For this purpose, you release Amazonia from all liability.
For this purpose, Amazonia will not make a refund or exchange for another product. If there are expenses generated at customs, for the return or destruction of the product, they will be the exclusive charge on you.
25. UPDATE AND INFORMATION (LAWS AND REGULATIONS)
You declare to be updated and informed about the laws and regulations of your country, so any problems that may arise for the nationalization of the product at the customs office of destination will be your responsibility.
26. HEALTH TIPS
Products and claims made on or through our website www.amazoniafood.com have not been evaluated by the U.S. Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.
Amazonia through its website www.amazoniafood.com is not intended to provide diagnosis, treatment, or medical advice. The products, services, information, and other content provided on www.amazoniafood.com including information that may be provided on this Site directly or through links to third-party websites are provided for informational purposes only. You should always consult with your health care professional and read the information provided by the product manufacturer and any label or packaging of the product, before using any medication, nutritional product, herbal or homeopathic, or before starting any exercise or diet program or starting any treatment for a health problem. People's organisms are different and may react differently to different products. You should consult your doctor about the interactions that may occur between the medications and nutritional supplements you are taking. Information provided on www.amazoniafood.com website and linked websites, including information related to medical and health conditions, treatments, and products, may be provided in summary form.
The website www.amazoniafood.com does not recommend self-monitoring health problems. The information contained on the website www.amazoniafood.com is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Contact your health care professional right away if you have any questions. Never ignore or miss medical advice based on the information you have read on the website.
27. PACKAGING LABELS
Always check the label or packaging of the product before using any product. Customers must follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification on the product label, packaging details, and recommended use.
28. THIRD PARTY LINKS
Links or access from third-party resources or websites do not support any information, products, or services. Amazonia is not responsible for the content or performance of third-party websites. The use of third-party websites does so at your own risk.
29. PURCHASE OF PRODUCTS
If you make purchases on the www.amazoniafood.com website, you agree that all purchases of products are made in accordance with the respective INCOTERMS (International Trade Terms) designated when placing the order. Ownership of any purchased product is transferred to you once it has been delivered to the selected carrier.