Terms and conditions

AIM

These Terms and Conditions (hereinafter, "T&C") apply to this platform owned by ARDIMO LLC (hereinafter "COMPANY" or "SABZ"), with address at 151 Crandon Blvd unit 336

By accessing and browsing the Internet Platform www.sabzswimwear.com (hereinafter the “Platform”), the user (hereinafter the “User” or “Users”, where applicable) acknowledges that he or she has read, understood and accepted the terms and conditions of use of the COMPANY’s website without restrictions, reservations or modifications.

Access to and use of the Platform, in any form, implies the User's acceptance and knowledge of the Terms and Conditions, which are mandatory and binding. If the User does not agree with the Terms and Conditions, he/she must refrain from using the Platform.

 

GENERAL TERMS AND CONDITIONS 

  1. The Client is any person who is registered within the Platform and has given the COMPANY their authorization to store their data in order to contact them for the delivery and/or sale of their products or services, as well as the dissemination of information and promotions of the COMPANY.
  1. By carrying out any transaction on the Platform, the Client acknowledges and accepts these Terms and Conditions. In this regard, it will be understood that the Client fully agrees with the COMPANY's Terms and Conditions, without any subsequent confirmation being necessary.
  1. In order to continue visiting and using the Platform's services, the User declares that he/she is of legal age and has the necessary legal capacity to be bound by these T&Cs. Those who lack this capacity, are disabled or suspended, or minors may not access the services. Parents, guardians or those responsible for minors who use the Platform will be responsible for such use, including any charges, billing or damages arising from it.
  2. The COMPANY undertakes to make its best efforts to provide full and continuous access to and use of the Platform. However, if, due to unforeseen circumstances, force majeure or technical failures, there is any failure or interruption of the Platform, these will not be the responsibility of the COMPANY nor will any damages or losses generated be attributable when the cause that gave rise to the event is not directly and demonstrably attributable to the COMPANY.

 

SPECIFIC TERMS AND CONDITIONS 

Transactions carried out on the Platform are subject to these Terms and Conditions, as well as, additionally, to the current legislation of the country of origin. In this regard, it is mandatory and the User and/or Client is obliged to know and accept these Terms and Conditions before proceeding to use the services of the Platform or make any purchase.

SERVICE DESCRIPTION

The Platform is a virtual platform through which different products and their characteristics are displayed. Through the Platform, the Client may purchase any of the products displayed on the Platform and receive them at the address indicated by the Client.

  1. The COMPANY offers clothing through its Platform.
  2. Before making a purchase through the Platform, the User and/or Client must take into account that the selected products may not be in stock or available. All purchases are subject to availability.
  3. Once the Client makes a purchase through the Platform and the COMPANY verifies that the respective deposit has been made in the COMPANY's accounts, the order will be prepared and subsequently dispatched to the client, under the conditions agreed in this document.
  4. Orders will be dispatched within 2 days from our warehouse using regular USPS mail.
  5. The Client and/or User may request the collection of the purchased products under their own responsibility and discretion, after coordination with the COMPANY.
  6. Should any event, fortuitous event or force majeure occur that makes it impossible to send the order within the specified period, the COMPANY will inform the Client of such circumstances, which will not under any circumstances constitute a reason to cancel the order or modify the conditions of acquisition thereof, unless previously discussed and accepted by the COMPANY.
  7. In the event that the Client and/or User does not want the products due to force majeure or unforeseeable circumstances, they may request the cancellation of the corresponding order after prior coordination with the COMPANY. The money corresponding to the order will be refunded within a period of 10 days, applying the discount for the expenses incurred. It is clearly indicated that cancellation of orders whose orders have already been dispatched by the COMPANY will not be accepted.
  8. It is noted that for the corresponding shipment, the Client and/or User indicates to the COMPANY the exact address where the order will be received, which the Client and/or User undertakes to be exact and truthful. The COMPANY will not be responsible for any damage or loss caused if the Client and/or User has entered the delivery data incorrectly and/or falsely.
  9. The Client shall inform the COMPANY of any observations or omissions in the products received within a period of 7 days following receipt of the same. If the Client does not submit any observations within this period, it shall be understood that he/she is satisfied with the products and the operation carried out by the COMPANY.
  10. The COMPANY will verify the observation(s) submitted by the Client and will respond to them within 7 days of receipt.
  11. The COMPANY will manage changes and/or returns directly with the Client as established in these Terms and Conditions.

 

RESPONSIBILITY

The Client and/or User acknowledges and accepts that he/she is responsible for any communication or interaction carried out through the Platform. He/she is also responsible for the acceptance of the payment service by his/her bank in transactions involving the COMPANY.

The Client is responsible for the care and conservation of the products received. The COMPANY is not responsible for damage or deterioration of the products due to failure to comply with their instructions for use, care and/or conservation.

PROPERTY RIGHTS

The Client and/or User acknowledges and accepts that all intellectual and industrial property rights over the content of the Platform, including any documentation, files, brands, logos, trade names, commercial slogans, images, graphics, designs, sounds, software, flow charts, presentations, audios and videos and/or any type of work or idea that is a work in the sense of intellectual property legislation, are protected under applicable laws and are the property of the COMPANY.

DISPUTE RESOLUTION AGREEMENT, APPLICABLE LAWS AND JURISDICTION

For all purposes, the terms and provisions contained in this document shall be interpreted in accordance with the provisions of the Civil Code and other regulations in force in the Republic of Peru.

Any dispute arising from the interpretation or execution of these Terms and Conditions shall be resolved directly between THE COMPANY and the Client and/or User. To this end, both parties undertake to make their best efforts to harmoniously resolve their disputes based on the rules of good faith and in accordance with the common intention expressed in these Terms and Conditions, within a maximum period of 15 business days. If, after the period indicated in the previous paragraph has expired, differences between the Parties still exist, the dispute shall be resolved by the judges and courts of the judicial district of Lima, to whose jurisdiction and competence the Parties expressly and irrevocably submit.

RETURN AND EXCHANGE POLICY

The Customer may only return a product if the purchase is not in accordance with what the COMPANY offers or if it has arrived defective or damaged. To do so, the Customer must contact the COMPANY, using any of the available methods indicated on the Platform, within a maximum period of 7 days after receiving the product to coordinate the return.

PROCESSING OF PERSONAL DATA

The personal data provided by the Client and/or User at the time of registration on the Platform are confidential and will be treated in accordance with Law No. 29733, Personal Data Protection Law and its Regulations, approved by Supreme Decree No. 003-2013-JUS and other related regulations. The COMPANY is obliged to comply with the aforementioned regulations, as well as to maintain the maximum standards of security, protection, safeguarding, conservation and confidentiality of the information received or sent. However, the Client and/or User must take into account that the Internet is not a completely secure medium in terms of security.

The Client and/or User declare that the personal data has been provided in an absolutely free and voluntary manner, without any type of pressure, obligation or condition involved.

COOKIES

The Platform may use a tracking system using “cookies” to make access to information faster when moving from page to page and to identify Users without having to repeatedly request their access code. Cookies are files that are downloaded and installed on the computer’s hard drive when accessing or browsing certain web pages, taking up minimal space and without harming the computer. Users may limit or restrict the storage of these “cookies” as they wish, using the options in their browser, although it is not advisable to restrict them completely. Cookies allow the website, among other things, to store and retrieve information about your preferences and interests. In the event that this occurs, the information will be used exclusively for statistical purposes to improve the services provided on the Platform. Without the consent of Users, by activating cookies in their browser, the COMPANY will not link the data stored in the cookies with their personal data provided at the time of registration or during the purchase of products.

NOTIFICATIONS

The Client and/or User declares and agrees to receive timely notifications through the platform, text messages, or the email address provided, including the sending of messages for promotional or advertising purposes, sent by the COMPANY. The Client and/or User may notify the COMPANY at any time to request the cessation of the promotional or advertising activity.

GENERAL PROVISIONS

The COMPANY may replace or modify these Terms and Conditions at any time, which will be updated and made available to Users and Clients on the Platform. For ongoing transactions that have begun prior to such modifications, the conditions in force at the time of their conclusion will be maintained. The COMPANY will place a notice on the Platform alerting Users of these changes, for a reasonable period of time. Without prejudice to the foregoing, Users are responsible for reading these Terms and Conditions each time they access the Platform to see if they have been modified.