TERMS AND CONDITIONS

General Terms and Conditions for the use of the Andean Fruits & Vegs website

1.- General Terms and their Acceptance

The following are the General Terms that regulate the use of information in digital format and services of the website www.andeanfv.com (hereinafter the “Site”) that Andean Fruits And Vegs SAC, identified with RUC No. 20611710985 (hereinafter “ Andean Fruits & Vegs ”) makes available to internet users.

Use of this site confers user status and implies full and unreserved acceptance of each and every one of these terms from the moment of access. Consequently, using this website constitutes acceptance of these terms.

The use of certain services offered to users through the site is subject to specific terms that, as the case may be, replace, supplement and/or modify the General Terms (hereinafter the “Specific Terms”), and therefore their use constitutes acceptance of the Specific Terms.

These General Terms constitute the entire agreement between the user and Andean Fruits & Vegs regarding the use of this website and supersede all other oral or written communications, agreements, or proposals between the user and the website solely with respect to the subject matter hereof. Andean Fruits & Vegs reserves the right to modify these General Terms of Use at any time, notifying the user of the new version with the modifications by posting it on the website. Continued use of the service by the user constitutes acceptance of the new terms.

2.- Object

Through the Site, Andean Fruits & Vegs provides users with access to and use of various services and content made available to them by Andean Fruits & Vegs or by third-party users of the Site and/or third-party service and content providers.

Andean Fruits & Vegs reserves the right to unilaterally terminate or modify the configuration, presentation, and terms of use of the Site or its services. When making modifications, Andean Fruits & Vegs will inform you through its website www.andeanfv.com , as well as the date from which these modifications will take effect. www.andeanfv.com, así como la fecha desde la que regirán dichas modificaciones.

The user understands and accepts that continued use of the services through the Site after changes have been made constitutes acceptance of those modifications. However, the user may unsubscribe from the Site by sending a request to be removed from the user account at the time of, or before, the new changes take effect.

3.- Conditions of Access and Use of the Site

3.1.- On Access and Use

The Site is for personal use, therefore the user is not authorized to modify, copy, distribute, disclose, transmit, use, reproduce, publish, assign, sell the information, software, products or services that he or she may obtain from this Site.

The user agrees to use the Site and services in accordance with the law, morality and good customs.

The user agrees to refrain from using the Site and its services for illicit purposes or effects, contrary to the provisions of these General Terms, harmful to the rights and interests of third parties, which in any way may damage, disable, overload or impair the site and the services or prevent the normal use or enjoyment of the Site and the services by users.

3.2.- About the Content

If you wish to obtain information on how to obtain permission to use the content, you should contact Andean Fruits & Vegs. In the event of a violation of any of these General Terms, permission to use the content will automatically terminate, and you must immediately destroy any copies you have made of the material.

The user agrees to use the content diligently, correctly and lawfully, refraining from using it for purposes contrary to the law, public order, morality and good customs.

3.3.- Intellectual Property

The intellectual property rights to the services, content, trademarks, and domain of the Site, as well as the rights to use and exploit them, including their disclosure, publication, reproduction, distribution, and modification, are the exclusive property of Andean Fruits & Vegs. Users do not acquire any rights simply by using the services and content of the Site, and under no circumstances shall such use be considered an authorization or license to use them for purposes other than those contemplated in these terms of use.

3.4.- Third-Party Intellectual Property

The user agrees that the provisions set forth in the preceding paragraph, regarding the ownership of the rights of Andean Fruits & Vegs, are also applicable to the rights of third parties, regarding the services and content of the pages linked to the Site.

3.5.- Use of Services

Andean Fruits & Vegs reserves some of the services offered through the Site to users registered by completing the corresponding user registration form, available to users who wish to register.

Users agree to select, use and retain their username (hereinafter “login”) and password (hereinafter “password”).

3.5.1 Eligibility

The Site is intended solely for individuals who are eighteen (18) years of age or older and reside in Peru (hereinafter, “Eligible Individuals”). By using the Site, the user declares that they meet these requirements and agree to comply with all the General Terms set forth herein. Use of or access to the Site by any individual who does not meet these requirements is unauthorized and constitutes a violation of the General Terms, and Madero may take appropriate action or impose sanctions in each case.

3.6.- Assignment of Access Keys

Andean Fruits & Vegs may assign users access codes to special, reserved, or confidential content, which will be communicated to their respective users via email. Users may change these codes at any time; however, they may not choose offensive or defamatory words, expressions, or graphic-denominative combinations, or words that coincide with trademarks, trade names, business names, company names, advertising slogans, or the names and pseudonyms of public figures or celebrities for whose use they are not authorized, or that are generally contrary to law, public order, morality, and good customs.

3.7.- Use and Custody

The user agrees to make diligent use of the access keys, and not to make their access keys available to third parties.

The user agrees to inform Andean Fruits & Vegs as soon as possible of the loss or theft of the access keys, as well as any risk of access to the keys by a third party.

3.8.- Use of the services offered on the Site in accordance with the Anti Spamming policy

The user agrees to refrain from the following:

  • Sending advertising of any kind and communications for sales purposes or other commercial purposes to a plurality of people without their prior request or consent.
  • Sending any other unsolicited or previously unconsented messages to a plurality of people.
  • Sending unsolicited or previously unconsented chain emails.
  • Use distribution lists that can be accessed through the Site or the services to carry out the activities indicated in the items above.
  • Making data collected from distribution lists available to third parties for any purpose.
  • Users who are harmed by receiving unsolicited messages sent to multiple people can report this to Andean Fruits & Vegs by sending an email to: contacto@madero.pe

3.9.- Hyperlinks

The Site contains links to other Internet sites that are maintained by third parties.

Users and, in general, those who intend to establish a hyperlink between their website and the Site (hereinafter the “hyperlink”), must comply with the following conditions:

  • The hyperlink will only allow access to the website pages of the Site, but may not reproduce them in any way.
  • No false, inaccurate or incorrect statements or indications will be made about the Site, the service and in particular it will not be stated or implied that it has authorized the hyperlink or that it has supervised or assumed in any way the content or services offered or made available on the website in which the hyperlink is established.
  • With the exception of those signs that form part of the hyperlink itself, the website on which the hyperlink is established shall not contain any trademark, trade name, business name, designation, logo, slogan or other distinctive signs belonging to Andean Fruits & Vegs.
  • The website on which the hyperlink is established will not contain information or content that is illegal, contrary to public order, morality and good customs, or contrary to any rights of third parties.

The establishment of the hyperlink does not imply in any case the existence of relationships between Andean Fruits & Vegs and the third-party website in which it is established, nor the acceptance and approval by Andean Fruits & Vegs of its contents or services.

3.10.- Links that allow access to other web pages from the Site

The Site may provide links to other sites or resources on the World Wide Web. Because Andean Fruits & Vegs has no control over such sites and resources, you acknowledge and agree that Andean Fruits & Vegs is not responsible for the availability of such external sites and resources, and does not endorse, assume responsibility for, or have any liability for the content, marketing, products, or other materials on or available from those sites or resources. You further acknowledge and agree that Andean Fruits & Vegs shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or in connection with, the use of or reliance on any content, goods, or services available through any such sites.

4.- Personal Data

To use some of the services, users must first provide Andean Fruits & Vegs with certain personal data. The processing of personal data is governed by the Privacy Policy, which can be reviewed via the following link: [**]

5. Use of the Site, services and content is the sole responsibility of the user

The user is aware and voluntarily accepts that the use of the Site, the services and the content takes place under their sole and exclusive responsibility.

6. Exclusion of Warranties and Liability

6.1.- Availability and continuity, usefulness and fallibility

Andean Fruits & Vegs does not guarantee the availability and continuity of the operation of the Site and the services.

When reasonably possible, Andean Fruits & Vegs will provide prior notice of any interruptions in the operation of the Site and its services. Andean Fruits & Vegs does not guarantee the suitability of the Site and its services for any particular activity, nor does it guarantee their infallibility. Andean Fruits & Vegs disclaims all liability regarding user access to the various websites linked to the Site.

Under no circumstances will Andean Fruits & Vegs assume responsibility for damages that may be due to the lack of availability or continuity of the operation of the Site and the services, to the frustration of the utility that users may have attributed to the site and the services, to the fallibility of the Site and the services, and in particular, although not exclusively, to failures in access to the different web pages of the Site or to those from which the services are provided.

6.2.- Damage to computer systems

Andean Fruits & Vegs does not control or guarantee the absence of viruses or other harmful elements in the Site's content that may cause damage to your computer system (software and hardware) or to electronic documents and files stored on your computer system. Andean Fruits & Vegs will not be liable for any damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause damage to users' computer systems, electronic documents, or files.

6.3.- Legality, Reliability and Usefulness

Andean Fruits & Vegs will not assume responsibility for damages of any kind that may be due to the transmission, dissemination, storage, making available, receipt, obtaining or access to the content, and in particular, although not exclusively, for damages caused by:

  • The non-compliance, by users, with the law, public order, morality and good customs as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the content.
  • The infringement, by users, of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, the rights to honor, personal and family privacy and the image of people, property rights and all other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the content.
  • The performance, by users, of acts of unfair competition and misleading advertising as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the content.
  • The lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the content.
  • The unsuitability for any kind of purpose and the disappointment of the expectations generated by the content.
  • Failure to perform, delay in performance, defective performance or termination for any reason of the obligations undertaken by third parties and contracts made with third parties through the content or as a result of access to the content.
  • All kinds of vices and defects in the content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the site or services.

7.- Denial and Withdrawal of Access to the Site and/or Services

Andean Fruits & Vegs reserves the right to deny or withdraw access to the Site or services at any time and without prior notice to users who violate these General Terms or the applicable Particular Terms.

8.- Procedure in Case of Carrying Out Illicit Activities

If any user or a third party believes that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the web pages included in or accessible through the Site and, in particular, the violation of intellectual or industrial property rights (patents, industrial designs and models, trademarks and trade names, etc.) or other rights, they must send a notification to Andean Fruits & Vegs containing the following information:

  • Datos personales: nombre, dirección, número de teléfono y dirección de correo electrónicos del reclamante.
  • Specification of the alleged illegal activity carried out on the Site and, in particular, when it involves an alleged violation of rights, a precise and specific indication of the protected content, as well as its location on the web pages.
  • Violation of rights, authentic signature or equivalent, with the personal data of the holder of the allegedly infringed rights or of the person authorized to act on behalf of and for the account of the latter.
  • Express and clear declaration, made under the claimant's responsibility, that the information provided in the notification is accurate and that the use of the content or the performance of the activities described is unlawful.
  • These notifications should be sent to the email address: contacto@madero.pe

9. Applicable Law and Jurisdiction

Andean Fruits & Vegs is headquartered in the Magdalena district of Lima, Peru. All legal matters arising from or related to the Site shall be governed by and construed in accordance with Peruvian law. The user agrees to submit to the jurisdiction of the courts of Lima Cercado in any legal proceeding or action. If any provision of these Terms and Conditions is declared invalid or unenforceable by any authority, the invalidation of such provision shall not affect the validity of the remaining provisions, and the other provisions shall remain in full force and effect.

 10.- Contact:

If you have any questions, complaints, comments, or suggestions regarding these Terms and Conditions, please contact us at contacto@madero.pe

The user declares having read and understood all the conditions established in these General Terms and Conditions and the Privacy and Cookie Policies, and expresses their agreement and acceptance upon registering on the site. Any person who does not accept or disagrees with these General Terms and Conditions, which are mandatory and binding, must refrain from using the site and any of its services.

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