Terms and Conditions
Introduction:
Access and use of this website and our social networks, hereinafter "the Website", are governed by the "Terms and Conditions" described below, as well as by the legislation that applies in the Republic of Peru. Consequently, all visits and all contracts and transactions carried out on this website and on our social networks, as well as their legal effects, will be governed by these rules and subject to this legislation.
The Terms and Conditions contained in this instrument will apply and will be understood to form part of all acts and contracts that are executed or celebrated through the offer and marketing systems included in this website and our social networks between the users of the Website. and Little Chicks International Co. EIRL, which will hereinafter also be referred to interchangeably as “Mood”, “the company”, or “the offering company”, “the supplier” or “the supplying company”, as appropriate to the meaning of the text.
To purchase in the Virtual Store and/or on Mood's social networks, acceptance of the Terms and Conditions of sales described below is a requirement. Any person who makes a transaction in the Mood Virtual Store or through their social networks, be it Instagram, Facebook, TikTok, among others, declares and acknowledges, by making the purchase, that you know and accept each and every one of the Terms and Conditions described below. The Terms and Conditions will be understood to be known and accepted by the sole fact of registering and/or purchasing products through this site and/or social networks mentioned above.
Mood reserves the right to update and/or modify the Terms and Conditions detailed below at any time, without prior notice. For this reason we recommend reviewing the Terms and Conditions each time you use he Website. Consumers will be subject to the Terms and Conditions of this site at the time they submit their purchase request.
We will make our best efforts to ensure the availability, without interruption, of the services of this website, as well as the absence of errors in any transmission of information that may take place. However, due to the very nature of the Internet, it is not possible to guarantee such extremes.
Likewise, access to the services of this website may occasionally be suspended or restricted for the purposes of carrying out repair or maintenance work, or the introduction of new products or services. We will endeavor to limit the frequency and duration of such suspensions or restrictions.
Below we detail the Terms and Conditions:
- USER OR CUSTOMER REGISTRATION.
To purchase products on the site, you do not need to be registered. The registration of each user will be verified by completing and subscribing the form that appears on the site and its subsequent submission, which is done automatically by "clicking" on the respective element. The data necessary for registration are the following: Name, Surname, Email, Password, Country of residence, Type of document, Document number, Gender, Date of birth, Cell phone. To access the user's registration, the terms and conditions of the website must be accepted. If not registered, the user must complete the data indicated in the purchase form in order to make the acquisition of products or services effective.
- SECRET PASSWORD.
The user will have, once registered, a name and password or definitive key that will allow personalized, confidential and secure access. The user will have the possibility of changing the access code, for which they must follow the procedure established on the respective site. The user assumes full responsibility for maintaining the confidentiality of their secret password registered on this website, which allows them to make purchases, request services and obtain information. This key is for personal use and its delivery to third parties does not involve Mood 's responsibility.
- USER RIGHTS OF THIS SITE.
The user will enjoy all the rights recognized by the corresponding legislation in force in the territory of Peru, and also those granted to them in these terms and conditions. The mere visit of this site on which certain goods and access to certain services are offered does not impose any obligation on the consumer, unless he or she has unequivocally accepted the conditions offered by the provider, in the manner indicated in these terms and conditions. conditions.
- PROCEDURE TO USE THIS SITE.
In the contracts offered through this site, the offering company will inform, in an unequivocal and easily accessible manner, the steps that must be followed to celebrate them.
- PAYMENT MEANS THAT MAY BE USED ON THIS SITE.
The products and services offered on this site, unless a different form of payment is indicated for particular cases or offers of certain goods or services, may be canceled using the following payment methods permitted on this site:
a) VISA Debit Cards*
b) Other Visa, Master Card, Dinners Club and AMEX credit cards, issued in Peru or abroad as long as they maintain a current contract for such purposes with the offering company. The use of the cards identified above will be subject to what is established in these Terms and Conditions and in relation to their issuer, and what is agreed in the respective Opening Contracts and Regulations of Use. In case of contradiction, what is expressed in the latter will prevail. instrument.
In the case of bank cards accepted on this site, the aspects related to them, such as the date of issue, expiration, quota, blocks, secret code, deadlines for making returns effective, refunds or cancellations, etc., will be governed by the respective Opening Contract and Regulations of Use, in such a way that Mood will not have responsibility in any of the aforementioned aspects. The site may indicate certain purchase conditions depending on the payment method used by the user.
c) Payment in Agencies: It is a means of payment where the client makes the reservation of their purchase request and a payment coupon is generated with which they must go to any of the establishments or agencies affiliated with the company " Cash Payment” and make the payment of the coupon before the expiration date indicated on the coupon or otherwise the purchase request made will be canceled. The affiliated establishments/platforms where the client can make the payment of their coupon are the BBVA Continental banks (Internet Banking, Agency, Express Agent and KASNET Agent), Banco de Crédito del Perú BCP (Internet Banking, BCP Agencies and BCP Agent), Scotiabank (Internet Banking, Agency and Express ATMs), Interbank (Internet Banking, Agency, Global Net ATMs, Stores and Interbank Money Market), Western Union Agencies and establishments affiliated with Pago Efectivo y Full Carga.
For money refunds for payments made with Payment In Agencies, the refund will be made by bank transfer in the name of the Purchaser made within a period of 15 business days, a period that will be counted from the business day following receipt of the user request.
* Payment by debit card is governed by the terms and conditions established by the bank issuing the aforementioned card.
- FORMATION OF CONSENT IN CONTRACTS ENTERED INTO THROUGH THIS SITE.
Through this website, the company will make offers of goods and services, which may be accepted through electronic or telephone acceptance, and using the mechanisms that the site itself offers for this purpose. In response to the above, when the User enters the field called “Shopping Cart” and “clicks” on the “Buy” button, or communicates through our social networks to purchase a product, this action will imply that the User has sent Mood a Purchase Request which will be subject to validation by Mood . Indeed, any purchase acceptance will be subject to the condition precedent that Mood validates the purchase request. Thus, after the User sends their Purchase Request to Mood , Mood will send an email to the User indicating that the Purchase Request they have made on the Website is in the validation process. Consequently, for any operation carried out on this site, confirmation and/or validation or verification by Mood will be an essential requirement for the formation of consent.
To validate the purchase request, Mood must verify the following:
a) Confirm the price of the order item. Despite our best efforts, it is exceptionally possible that the price of any of the products offered in our Virtual Store is incorrect, so if the correct price of the product stated in your purchase request is higher than the price indicated in our Virtual Store, we will contact you to inform you of this fact so that you can tell us if we proceed with your shipment with the correct sales price or if we cancel your order.
b) That the payment method used by the user is valid and accepted.
c) That the data registered by the client on the site coincides with those provided when accepting the offer.
d) That it has the requested products in stock. If there is no stock of any of the products detailed in the available request, the customer will be notified via WhatsApp or an email and the purchase will be cancelled.
The validation stage concludes with the issuance of the respective payment receipt.
Only after the Purchase Request has been validated, the previously reserved funds will be definitively charged to the credit card or debited from the User's debit card. Mood reserves the right to change the status of the order at any time, whenever fraud is evident against the purchaser or a systemic error occurs that distorts the price of the offers.
Once the validation is completed , Mood will contact the user by telephone or use any means of communication that guarantees due and timely knowledge of the consumer, which will be previously indicated on the same site, in order to inform them of the result of the validation. Consent will be deemed to have been formed from the moment Mood successfully completes the validation and informs the user thereof.
In response to what is stated in the preceding paragraphs, and as a measure to protect the security of transactions, Mood may cancel purchases in which the data provided by the client does not match the available Mood databases. or for which the validation indicated above has not been carried out within 48 hours following the purchase order. That is, if it is necessary to contact the account holder, and after 48 hours following the purchase order it is not possible, Mood will cancel said transaction (this as a security measure for the client), proceeding to communicate this fact. to the issuing bank of the credit card used by the consumer at the time of sending their purchase request. The Bank issuing the credit card that was used to make the purchase request on the site must proceed with the refund of the amount in accordance with its Policies.
- DELIVERY OF PRODUCTS.
Products purchased through the site will be subject to the shipping and delivery conditions chosen by the user and available on the site. When there are products from different warehouses in a purchase order, they will be shipped independently, according to the alternatives available on the site and chosen by the user. The shipping location information is the sole responsibility of the user. It is important that the customer bears in mind that the delivery times chosen are counted from when Mood has validated the purchase request and the payment method used. The selected date may be modified exceptionally by the system, depending on the order validation date.
Take into account the following considerations:
a) It is the customer's responsibility to accurately indicate the data to deliver the products to the shipping address and agreed date in a timely manner. If there is any error in the address, the delivery cannot be made on the requested date and the purchase will be canceled using the same payment method used in the original purchase transaction and within the deadlines determined by the card-issuing bank. . Mood will notify you of the purchase cancellation via SMS or email.
b) It is the customer's responsibility that a person over 18 years of age duly identified with ID is at the delivery address during the scheduled date. If the delivery is made to third parties (relatives, home advisor, janitors, butlers, etc.) and they give their consent to the delivery of the product, we will understand that the product was received satisfactorily, under the responsibility of the Client.
c) In case of disagreement, you must reject the delivery and indicate your reasons, name, signature and ID in the delivery guide.
d) In the event that the shipment cannot be completed on the date selected by the client because there is no person to receive the product, Mood will automatically reschedule the delivery for the next available date and will notify the client by any of these means: SMS, telephone, email, WhatsApp, it being the customer's responsibility to be attentive to the new delivery. Mood only undertakes to make a single additional rescheduling to the first shipment.
e) If the second shipment is not completed, Mood will proceed to send the order to its main warehouse and will notify the customer via email or Whatsapp, and it will be the customer's responsibility to collect their order at Mood 's facilities and at their own expense. The customer will have 30 business days to pick up their order at the Mood facilities. If they do not do so, Mood will proceed with the cancellation of the order. The refund will be made according to the payment method used in the original purchase transaction. The corresponding credit note will be sent by email to the customer. The amount paid for freight will not be refunded.
f) The customer will have the option to change the delivery date with a minimum notice of two (02) business days from the original shipment date. It is not possible to advance the delivery date to the original shipping date. The new shipping date may be selected by the customer and will depend on availability. The maximum date may be rescheduled 30 business days after the original shipping date, in the event that the shipment cannot be completed within 15 days because there is no person to receive the product Mood will notify you through from a telephone, SMS or email contact the reason for non-delivery and the purchase will be cancelled.
g) The transportation service does not include assembly or installation services. If you want any of these services, you can consult or request them through our social networks.
h) The transport company will only receive payment for the door disassembly service for electro products if required. The customer will not have to make any additional payment to the carrier.
i) The shipping service does not consider disassembling doors or windows of the customer's home, nor the use of ropes or other elements to lift the products to higher floors. It is essential that before purchasing you review the dimensions of the product, the access to the home and the place where it will be delivered, in this way the delivery can be made satisfactorily. None of these services imply a payment to the carrier at the time of delivery
j) The delivery of products for the Lima Peripheral, Beaches and Provincial Zones will be made on the first floor of the home.
- VALIDITY, VALIDITY, IMAGES AND STOCK OF THE OFFERS CONTAINED ON THIS SITE.
The prices of the products and services published on this site are valid only while they appear on it. Mood may modify any information contained on this site, including those related to merchandise, services, prices, stocks and conditions, at any time and without prior notice, until the moment of receiving a purchase request, which will obligate Mood to be subject to the validation conditions indicated in number 6, that is, once consent has been formed between the parties to a given transaction.
The prices of the products and services published on this site will only be valid and applicable on this site and will not be applicable to other sales channels used by Mood , such as physical stores, catalogs or others.
The minimum stock offered is 1 product per offer. The products and services published on this site are valid exclusively for family consumption, no more than 1 offer per person and/or credit card. These conditions may vary as Mood decides and communicates it in the text of each product or offer.
Due to the difference in screen resolutions, the image may not reflect the exact color of the garment. We guarantee that the style is the same as shown in the pictures.
- PROOF OF PAYMENT.
According to the Payment Voucher regulations approved by Superintendency Resolution No. 007-99 / SUNAT (RCP) and the Single Ordered Text of the General Sales Tax and Selective Consumption Tax Law, approved by Supreme Decree No. 055 -99-EF and amending regulations (TUO of the IGV), it is concluded:
“There is no current procedure that allows the exchange of sales receipts for invoices, and even more so, credit notes are not intended to modify the purchaser or user that appears on the original payment receipt.”
Therefore, the client must correctly decide which document to request as proof at the time of purchase, since according to the aforementioned paragraphs no changes will be made.
Electronic invoices, electronic sales receipts and electronic notes linked to these electronic receipts will be sent in PDF format to the email designated by the client.
- MARKETPLACE CLAUSE.
At Mood , in addition to the products and services that we sell and ship directly, we make products offered by partner sellers available to customers. These products are identified with the “Marketplace” label below the descriptive name and in the specifications of each product. The customer should note that Mood does not own these products, does not have them in possession or offer them for sale. Mood only makes a digital platform available to associated sellers to offer their products along with ours and, after validation of the purchase order, the associated sellers are responsible for compliance with the characteristics and specifications offered to the customer. In these cases, the client's personal data will be shared with the associated sellers solely for the purposes of issuing the payment receipt issued directly by them. Mood does not guarantee the correct functioning of the products sold by the associated sellers nor does it assume any type of responsibility for damages and/or losses caused by the acquisition and/or use of the products offered by the associated sellers. Our goal is to provide relevant information about the products offered by associated sellers, without prejudice to the fact that the product packaging or label may contain more information, so we recommend always reading the labels, warnings, instructions and any other information provided by the seller. associated before using or consuming any of its products. Neither Mood nor the associated sellers will incur liability if, due to a fortuitous event, force majeure and/or natural disasters, some of the obligations assumed towards the Client are not fulfilled, in which case the purchase order will be canceled and returned to the environment. of payment used.
- COVID-19 CLAUSE.
At Mood we are working to guarantee the availability and delivery of products within the time offered in all our sales channels; However, due to the situation we face in the country due to the spread of COVID-19 and the increase in operations through electronic commerce, we inform you that our delivery times may suffer eventual delays. We remind all our clients that our economic activities are subject to compliance with the Government's provisions and may be affected at any time by the State of Emergency (Supreme Decree No. 044-2020-PCM) so, in case of case unforeseen event or force majeure, we will proceed with the cancellation of the purchase order and the return to the means of payment used.
- CLAUSE OF FORTUOUS CASES.
Mood will not incur liability if, due to a fortuitous event, force majeure and/or natural disasters, it fails to comply with any of the obligations assumed towards THE CUSTOMER, in which case the purchase order will be canceled and returned to the means of payment used or Failing that, the customer will be contacted to find out if they wish to wait for a later delivery date.