TERMS AND CONDITIONS FOR THE USE OF “SAKE”
Below you will find the Terms and Conditions of the website https://sake.eco/ (hereinafter, the “Platform“), which, in accordance with the Privacy and Cookies
Policies, form a contract between Interamerica Consulting S.A.C., with R.U.C. N° 20511283893, domiciled at Av. Las Camelias N° 877, Int. 302, Urb. Jardín (3rd Floor), district of San Isidro (hereinafter, “SAKE“) and the client or user (hereinafter, the “User“).
SAKE is a sustainable fashion brand that develops women’s collections through handcrafted materials (hereinafter, the “Products“).
This document contains the clauses governing the general Terms and Conditions of use of the website, fanpage, and any of its subdomains and each of the tools available now or in the future.
Likewise, the Terms and Conditions govern the services provided by SAKE, which will be described in the following lines.
2. Acceptance of the Terms and Conditions
By making the purchase of any of the Products offered to the User through the Platform, or use any of the services that SAKE, the User is accepting the Terms and Conditions and, therefore, is obliged to comply with its contents.
In other words, by completing the purchase of a Product, you are expressly warranting that:
- You agree to be bound by these Terms and Conditions of Use and the Privacy and Cookies Policies, which are binding; and
- That you have full capacity to accept and be bound by these Terms and Conditions of Use.
3. Modification of the Terms and Conditions
SAKE reserves the right to periodically make modifications to the Terms and Conditions, as well as to any information incorporated therein by reference in order to adapt them to new rules and regulations that may be issued from time to time, or due to a legal or contractual obligation that so determines, without prejudice to also being able to modify them at SAKE’s sole discretion to adapt them to industry practices or operational conveniences. SAKE is authorized to modify, amend or suspend, temporarily or permanently, the services provided through the Platform, as well as the contents, descriptions and explanations of the Platform, for which it has the prior acceptance of the User.
The User understands and agrees that the continued use of the service or making any purchase within the Platform after changes have been made constitutes acceptance of such changes.
The Platform is intended only for Users who are eighteen (18) years of age or older or duly constituted legal entities (hereinafter “Eligible Persons“). By using the Platform, the User declares that he/she meets such requirements and agrees to comply with all Terms and Conditions set forth herein. The use or access to the Platform by any person who does not meet such requirements is not authorized and is a violation of the Terms and Conditions, SAKE may take actions or sanctions according to each case.
5. Purchase process on the Platform
User acknowledges that email is a key element in the purchase process and general communication with SAKE. The User is responsible for providing a valid and frequently used and monitored email address and agrees that SAKE may send regular communications to such address.
5.1 Shipping costs and/or customs duties payment
Through these Terms and Conditions, the User expressly accepts and acknowledges that he/she shall cover all shipping costs, as well as -if applicable- all import tariffs, duties, taxes and any other applicable value, as well as the corresponding procedures for the clearance of the Product.
6. User Obligations
The User agrees to refrain at all times from interfering or attempting to interfere with the normal operation and functioning of the Platform, by any means whatsoever, including, without implying any limitation, the sending of computer viruses in any format, the development of spamming, hacking or cracking activities, or any other means expressly prohibited by any provision of the Terms and Conditions or whose effect is to interfere, attempt to interfere, damage or affect the website or third parties using or accessing it.
If the User violates any of these Terms and Conditions or any other agreement between the User and SAKE, SAKE may prohibit the User’s use of the Platform (or any part, aspect or feature of the service or the Platform), at any time and at SAKE’s sole discretion, without prior notice.
In case the User violates legislation or infringes the rights of third parties, SAKE is entitled to provide, upon request of any lawful authority (courts, administrative authorities and police forces), any information that allows or facilitates the identification of the infringer.
In the event that the use of the Platform by any User is inappropriate, unlawful, abusive or violates the rights of third parties, as well as the laws and regulations in force, SAKE’s right to prohibit their use of the Platform is recognized; without prejudice to any legal action that SAKE may initiate against the User.
In general, the User agrees, including but not limited to:
- Not to use the Platform for illicit purposes;
- Not to infringe intellectual property rights, especially on the distinctive signs of which SAKE is the owner, or the regulatory standards relating to the protection of personal data;
- Not to use the Platform under the name of another User;
- Not to use the Platform fraudulently;
- Not to alter or modify the Platform by circumventing, disabling or otherwise manipulating the functions of the Platform;
- Not to introduce computer viruses, defective files or any other computer program that may cause damage or alterations to the contents or systems of the Platform;
- Not to carry out advertising activities for goods or services without the prior consent of SAKE;
- Not to host, store, disseminate, publish, distribute or share images or photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
- Not to host, store, disclose, publish, distribute or share any material or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
- Not to send mass and/or repetitive e-mails to a plurality of persons, nor to send e-mail addresses of third parties without their consent.
7. Returns and Exchanges Policy
At SAKE we are committed to the full satisfaction of the User throughout their shopping experience. In this regard, we understand that there will be occasions when the User may wish to make a return (and refund) or exchange a Product. However, it is the responsibility of each User to review this document before making the purchase of any Product on the Platform.
If the User changes its mind regarding the Product purchased, SAKE will allow the User to return or exchange the Product during the first thirty (30) calendar days from the date of receipt of the Product.
In case of return or exchange, the User must deliver the Product in perfect condition. This means that it must have all its labels and not be damaged, stained, washed, altered or worn.
Likewise, the User must present/attach the original proof of payment and his/her identity document. Any communication corresponding to the return or exchange of Products must be sent to the following e-mail address: [**].
*Products such as underwear, Products on sale/sale and modified in tailoring are not subject to exchange or return.
7.2 Application of shipping costs for exchange or return of the Product
a. For exchange of the Product
Depending on the reason for the exchange, there will be a shipping charge or not.
The exchange will not incur shipping costs when it is carried out for the following reasons:
-The Product delivered by SAKE to the User is different from the Product purchased by the User on the Platform.
-The Product has a manufacturing defect.**
– Change of size.
On the other hand, when the change is due to personal dissatisfaction, the User shall pay for any shipping and/or customs expenses that the requested Product change may generate.
** In case the garment purchased presents manufacturing defects, the request for exchange or return will be evaluated to determine whether the request is appropriate or not, taking into consideration the provisions of the second paragraph of section 7.1.
b. For return of the Product
Depending on the reason for the return, this will have a shipping charge or not.
The return will not incur shipping costs when it is carried out for the following reasons:
– The Product delivered by SAKE to the User is different from the Product purchased by the User on the Platform. – The Product has a manufacturing defect.
7.3 Refund of money
Refunds will be made by bank deposit. SAKE will make the refund three (3) business days after the Product arrives, after verifying compliance with the budgets of this Return and Exchange Policy.
8. Trademarks, Copyrights and Intellectual Property:
All software used in the Platform, as well as all content included therein without limitation of the design, texts and constituent graphic elements, as well as the selection and design of the content disseminated through it, as well as its presentation and assembly, are the exclusive property of SAKE, who holds the exploitation rights. In this sense, they constitute works protected by copyright and intellectual property regulations, and the international treaties signed in this field are also applicable to them.
SAKE does not grant any license or authorization to use any of its industrial and intellectual property rights, copyrights, trademarks or any other property or right related to the Platform.
SAKE, logos, designs, headers, icons, source code (HTML, CSS, Java scripts, among others), illustrations and service names are trademarks, copyrighted works and intellectual property of SAKE and may not be used or copied, imitated or used, in whole or in part, without the prior written permission of SAKE; as well as the content of the Platform, and the processes used by SAKE to provide its services.
User agrees to indemnify and hold SAKE and each of its officers, agents, contractors, partners and employees, harmless against any losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your User Content, any third party content that User posted or shared through the Platform, your use of the service or the Platform, your conduct in connection with the service or the Platform or with other users of the service or the Platform, or any violation of these Terms and Conditions or any law or the rights of any third party.
The User represents, acknowledges and agrees that use of the Platform is at the User’s own risk, releasing SAKE from all liability, including, without limitation, damages, unpaid debts, direct, indirect losses or expenses, arising in connection with the Platform or its use, or inability to use by Users, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.
10. Platform Availability:
User acknowledges that the Platform and service may be temporarily unavailable for maintenance or other reasons. SAKE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the User’s communications, which respect to causes not attributable to SAKE.
In that sense, SAKE is not responsible for technical problems or malfunction of any network or telephone lines, online computer systems, servers or providers, computer equipment, software, email failures or players caused by technical problems or traffic congestion on the Internet or the Platform or combination thereof, including injury or damage to Users or to the computer of any other person related to or arising from participation or downloading materials related to the Platform or in connection with the service, arising from acts of God or force majeure.
11. Technical Requirements:
Users are responsible for having a smart phone, computer or any device with internet connection that meets the technical features and requirements to access and use SAKE, including internet connection.
The User agrees not to modify, reproduce, copy, reverse engineer, redesign, decompile, adapt, translate, make derivative developments of SAKE or use it to develop any software or any other kind of material. You also agree to use SAKE only in the manner permitted herein.
User acknowledges and agrees that any questions, comments, suggestions, ideas, opinions or other information about the Platform or the Service that you provide to SAKE are non-confidential and shall become the exclusive property of SAKE.
SAKE shall have exclusive rights, including all intellectual property rights, and shall be entitled to the free use and dissemination of such communications for any purpose, commercial or otherwise, without acknowledgment or compensation to the User.
SAKE will send notifications or communications to Users to the e-mail address provided by them in their registration process while notifications or communications that Users wish to send to SAKE must be sent to SAKE’s e-mail address [**].
14. Validity of the Terms and Conditions:
The Terms and Conditions shall enter into full force and effect for each User from the date of registration of these on the Platform, and shall remain in force, including its modifications, until a reason that determines its termination in accordance with the Terms and Conditions or by decision of the User to cease to belong to SAKE occurs.
15. Dispute Resolution:
SAKE and the Users agree that in the event of any doubt or dispute regarding the validity, interpretation or execution that may arise between them, in relation to the aforementioned documents, they expressly submit to the jurisdiction of the judges of the judicial district of Lima, indicating as their addresses those that appear on the registration forms, where any judicial or extrajudicial communications and notifications that may be necessary shall be sent.
16. Final Considerations:
SAKE does not guarantee the truthfulness of any User content or third party content. Although SAKE provides rules for User conduct and postings, SAKE does not control and is not responsible for what Users post on the Platform and is not responsible or liable for any offensive, inappropriate, obscene, illegal or objectionable content you may encounter on the Platform or in connection with any User content or third party content. SAKE is not responsible for the conduct of any User of the Platform or the Service. SAKE cannot guarantee and does not promise any specific results from use of the Platform or the service.
SAKE reserves the right to modify any content included on the Platform and the services offered through the Platform at any time without notice. References to products, services, processes or other information, by trade name, trademark, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation, or any affiliation therewith, by SAKE.
SAKE may apply sanctions to members who violate the provisions herein, such as suspension or expulsion, and SAKE shall have sole discretion as to what sanction to apply.
17. Contact us:
If you have any questions, complaints, comments or suggestions regarding these Terms and Conditions, we request you to contact us at [**].
THE USER DECLARES THAT HE/SHE HAS READ AND UNDERSTOOD ALL THE CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS AND THE PRIVACY, COOKIES AND RETURNS POLICIES, AND DECLARES HIS/
HER CONFORMITY AND ACCEPTANCE AT THE TIME OF REGISTERING ON THE PLATFORM. ANY PERSON WHO DOES NOT ACCEPT OR DISAGREES WITH THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE PLATFORM.
SAKE is a sustainable fashion brand that develops women’s collections through handcrafted materials.
SAKE ensures maximum confidentiality and protection of personal data that Users, in order to make use of our services, provide us.
3. Object and purpose
SAKE is aware of the high importance of the privacy of our Users and all of those who are interested in the services offered.
Private personal information does not include information that is available through publicly accessible sources. This includes electronic, optical and other technological means of communication designed to provide information to the public and open to general consultation, telephone directories, newspapers and magazines, social media, professional lists, anonymized jurisprudence directories, the Public Registries administered by the Superintendencia Nacional de los Registros Públicos (SUNARP) as well as any other registry or data bank qualified as public according to law, the entities of the Public Administration in relation to the information that must be delivered in application of Law No. 27806, Law of Transparency and Access to Public Information.
4. Legislation (applicable to the Republic of Peru)
According to Law No. 29733 – Personal Data Protection Law (hereinafter, the “Law”) and its Regulations, approved by Supreme Decree No. 003-2013-JUS, personal data is understood as any information about a natural person that identifies or makes him/ her identifiable through means that can be reasonably used.
On the other hand, personal data processing is understood as any operation or technical procedure, automated or not, that allows the collection, recording, organization, storage, preservation, storage, processing, modification, extraction, consultation, use, blocking, supression, communication by transfer or diffusion or any other form of processing that facilitates access, correlation or interconnection of personal data.
SAKE develops its personal data processing policy in accordance with the guiding principles set forth in the Law mentioned below:
- Principle of legality: the collection of our Users’ personal data by fraudulent, unfair or unlawful means is rejected.
- Principle of consent: in the processing of our Users’ personal data, their consent is required.
- Principle of purpose: The personal data of our Users will be collected for a specific, explicit and lawful purpose, and will not be extended to another purpose that has not been unequivocally established as such at the time of collection.
- Principle of proportionality: all processing of personal data of our Users will be adequate, relevant and not excessive to the purpose for which they were collected.
- Principle of quality: Personal data shall be truthful, accurate and, as far as possible, updated, necessary, relevant and adequate with respect to the purpose for which they were collected.
- Principle of security: they shall be kept in such a way as to ensure their security and only for the time necessary to fulfill the purpose of the processing.
SAKE and, where appropriate, the data processors have the appropriate security measures in accordance with the processing to be carried out, in addition to the adoption of technical, organizational and legal measures necessary to ensure confidentiality of personal data.
5. Information of personal data
The Client is informed and freely and voluntarily authorizes SAKE to collect, store, conserve, access, use, delete or update its personal data in order to carry out the activities described in section 2 of this document. In this regard, the personal data to which SAKE has access as a result of the services it provides or by filling out different forms, will be incorporated into the corresponding “Personal Data Bank”, making up the organized set of personal data of Users, created by SAKE and registered in the National Registry for the Protection of Personal Data. Furthermore, the User accepts that its personal data may be transferred to third parties, which are detailed below:
The personal data provided by Users will be treated with total confidentiality and may only be known and handled by SAKE personnel as well as by the companies listed in the table above that need to know such information in order to provide the services offered in an appropriate manner. SAKE undertakes to maintain professional secrecy with respect to this information and guarantees its duty to safeguard it by adopting all necessary security measures. Authorization will not be required when the personal data is necessary for the execution of a contractual relationship to which the owner of the personal data is a party.
If the data recorded turn out to be inaccurate, in whole or in part, or incomplete, SAKE will be entitled to update and/or replace them with the corresponding rectified or completed data.
The personal data requested from Users are basic contact data and are adequate, relevant and not excessive in relation to the purpose for which they are collected: (i) first and last names, (ii) identification document (DNI/CE/Passport), (iii) address/ location, (iv) cell phone number, and (v) e-mail address.
6. Purpose of the proccesing of personal data
SAKE collects the User data listed in the immediately preceding numeral for the following purposes:
- To carry out commercial transactions and ensure the performance of an adequate intermediation service by SAKE on behalf of Users.
- In addition, SAKE collects personal data of its Users in order to send them advertising. In that sense, the User agrees that SAKE may provide him/her with advertisements and messages in the following ways: (i) within the Platform, or (ii) sent to the contact information he/she provided to SAKE (e.g.
email, cell phone number, physical address).
7. Complaints book
The User expressly authorizes SAKE that when using the complaints book, their data will be processed in order to meet the needs of such procedure, as well as to, once the procedure for handling the claim has been completed, meet the needs resulting from any process or judicial, administrative or arbitration proceedings that may arise in the future or arise in connection with the claim that the User has filed, meet any audit of the competent authority in the field of processing of personal data.
The data collected through the complaints book will be stored in the “Quejas y Reclamos” database owned by SAKE.
8. Personal data security
In accordance with current regulations, the Information Security Directive was approved by Resolución Directorial No. 019-2013-JUS/DGPDP of the National Authority for the Protection of Personal Data, SAKE has adopted the technical and organizational security and confidentiality measures appropriate to the category of personal data, necessary to maintain the required level of security, in order to avoid as far as possible the alteration, loss or unauthorized access or processing that may affect the integrity, confidentiality and availability of the information.
However, the transmission of information through communication networks and the Internet is not completely secure; therefore, although SAKE will make its best efforts to protect personal data, it cannot guarantee their security during transit to the Platform. All information provided by Internet Users by this means is sent at their own risk.
9. Exercise of Access, Rectification, Cancellation and Opposition Rights (ARCO)
Users who have provided personal data to SAKE may contact SAKE in order to exercise their rights of information, access, updating, inclusion, rectification and deletion, to prevent the provision of their personal data, to oppose the processing or objective processing of the data, under the terms set forth in the legislation in force. These rights may only be exercised by the owner of the personal data or his representative, in accordance with the law.
In order to exercise these rights, Users should contact the following e-mail address [**] with the reference “Personal Data Protection”, specifying their data, proving their identity and the reasons for their request. The person signing the request must attach a simple copy of the documents proving the identity of the holder (National Identity Document or equivalent document) or, as the case may be, the identity of the representative, as well as a simple copy of the power of attorney granted by notary when applicable.
Likewise, SAKE informs its Users of the existence of administrative channels to assert their rights to be exercised before the National Data Protection Authority or jurisdictional before the Judiciary for the purposes of the corresponding habeas data action.
10. Transfer of personal data at national or international level.
SAKE uses servers of foreign third parties for the storage of databanks by technological means, whereby cross-border flow will take place. In this sense, the purpose of the cross-border flow is the storage of personal data on the servers of [**].
Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the personal information provided, and undertake to keep it duly updated.
As this is a virtual tool, which does not allow direct physical contact between SAKE and the owner of the personal data, SAKE will collect and process the personal data based on the presumption of good faith that the person providing the data is of legal age, is proficient in Spanish or English, is of sound mind, has full civil capacity and is the owner of the personal data or acts as a representative of the owner of the data provided, in the event that they are owned by third parties.
SAKE’s Personal Data Protection Policy is constantly updated, so SAKE reserves the right to modify its policy in the event that there is a change in current legislation, doctrine, jurisprudence or business criteria. If any changes are made to this policy, the new text will be published on this website and will be communicated to the Customer.
COOKIES POLICY OF “SAKE”
Conditions, form a contract between Interamerica Consulting S.A.C., with R.U.C. N° 20511283893, with address at Av. Las Camelias N° 877, Int. 302, Urb. Jardín (3rd Floor), district of San Isidro (hereinafter, “SAKE“) with the client and/or user (hereinafter, the “User“).
1.What are cookies and why do we use them?
Cookies are small text files that are placed on your computer by applications or websites you visit. Cookies are used to help us improve your experience when you use our Platform.
The information we collect from cookies is used to:
- Help our Platform remember your preferences.
- Help improve the information search functionality.
- Help monitor the performance of our Platform.
The most popular browsers have configuration options and security features that allow you to prevent the installation of cookies and/or other browsing data collection systems on your device. You can configure your browser to reject cookies, but this may block certain features or limit access to some content on our website.
You can consult the steps to disable the installation of cookies in the “Help” sections of the web pages of each browser. For example, to block cookies in Chrome the following procedure will be performed: Settings -> Privacy and security -> Cookies and other site data-> Block cookies.
4. Types of cookies we use
The Platform uses the following cookies:
- Session cookies: these are a type of cookies designed to collect and store data while the user accesses a website, as well as to track activities on the Platform and navigation data. Your experience on the Platform will be tailored according to the algorithms and data that will be collected.
- Technical and functional cookies: these are strictly necessary to browse https://sake.eco/ and use its different options or services.
- Analysis Cookies: They serve to analyze the browsing habits of the Users, with the aim of optimizing the functionalities and the technical and operational maintenance of the Platform and guaranteeing the best possible service.
Finally, we indicate that in the event that a User blocks cookies in your browser, you can continue browsing the Platform, but it is possible that some services are not available, being limited browsing experience.