TÉRMINOS DE USO – PERÚ
TÉRMINOS DE USO – PERÚ
WELCOME TO THE AYURVEDA EXPERIENCE
IMPORTANT INFORMATION ABOUT INTERNATIONAL ORDERS – SKINCARE PRODUCTS
(Shipments from the United States to Peru)
By placing an order for skincare products (“International Products”) on The Ayurveda Experience (TAE) Peru website, you acknowledge and agree that such products are shipped from the United States and have not been previously imported into Peru. The importation process will be carried out on your behalf, in accordance with applicable Peruvian customs regulations. The sale and purchase of these products by consumers domiciled in Peru is governed by the laws of the Republic of Peru, including rules applicable to e-commerce and consumer protection.
International Products—including oils, creams, serums, and other skincare treatments—may differ from versions available locally in Peru. These differences may include variations in labeling, packaging, formulations, ingredient lists, or language. Product information, such as ingredient lists or directions for use, may be available only in English. Certain ingredients or formulations may also be subject to import restrictions and/or may not be registered or evaluated by the competent authority in Peru (including DIGEMID, where applicable).
By placing an order on The Ayurveda Experience website, you acknowledge and agree that:
- Manufacturer warranties may not be valid in Peru.
- Manufacturer services or replacements may not be available locally.
- Manuals, directions for use, or safety warnings may not be available in Spanish.
- You are responsible for understanding the product’s use, possible allergens, contraindications, and safety precautions before using any product.
In compliance with Peruvian customs regulations, you agree to provide accurate information for customs clearance, which may include your National ID (DNI) or Foreigner ID Card (Carné de Extranjería) (and/or RUC, if applicable), as well as a phone number and email address when placing your order. You (or your designated recipient) will be considered the importer of record and you confirm that your purchase is for personal use only and not for resale.
You authorize The Ayurveda Experience, or its designated logistics partner, carrier, or customs broker, to manage the import process on your behalf, including submitting customs declarations and paying applicable duties, taxes, and import charges (“Import Charges”). A fixed Import Charge may be included in your order total at checkout. If you are required to pay additional import charges at delivery, you may: (a) refuse the shipment and request a refund under this section, or (b) accept the shipment and request a refund of the additional amount paid, subject to verification. If your request is not addressed within two (2) business days, you may escalate your claim through our Customer Support process.
Returns (International Products): When returning International Products, title to the product remains with you until it is received at our designated returns facility in the United States. The Ayurveda Experience may, at its discretion, issue a refund without requiring the product to be returned; in that case, ownership of the refunded item will not transfer to us. For products sold by third parties through our platform, please review the specific Returns Policy indicated in your order details.
Purchase documentation: Because these products are shipped from the United States, purchase documentation and transaction support will be issued from the United States in accordance with rules applicable to international commerce and payment processing. Your order confirmation email will serve as your proof of purchase for your records.
All international shipments are subject to inspection by Peruvian customs authorities. We may share necessary order and product information—such as descriptions, declared values, and recipient information—with authorities and logistics partners to facilitate clearance and ensure compliance with local laws. For more information on how we collect, use, and protect your data, please consult our Privacy Notice/Privacy Policy – Peru.
The Ayurveda Experience does not guarantee that International Products comply with labeling/localization requirements for the Peruvian market, and you accept that some information may be available only in English. Without prejudice to consumers’ non-waivable rights under Law No. 29571 (Consumer Protection and Defense Code), to the maximum extent permitted by law, the Company will not be liable for losses or damages arising from labeling differences or lack of Spanish materials, or for improper use due to misinterpretation of instructions.
By completing your purchase, you confirm that you have read, understood, and accepted these conditions. The Ayurveda Experience reserves the right to update or modify this section and our Terms of Use at any time. Continued use of the website and services constitutes acceptance of the most recent version.
1. GENERAL INFORMATION
1.1.
Thank you for using www.theayurvedaexperience.pe (the “Website”). The Website is an online platform and marketplace that (i) facilitates the sale and purchase of Ayurvedic products offered by various brands or business entities (“Sellers”), and (ii) provides educational material on Ayurvedic treatments and other lifestyle programs that promote healthy practices (collectively, the “Services”).
1.2.
The Website and Services are provided by Transformative Learning Pte Ltd, a company incorporated in Singapore, with its registered office at 24 Sin Ming Lane, #08-107, Midview City, Singapore 573970 (the “Company”). Payments are administered on behalf of the Company by The Ayurveda Experience, located at 801 East Walnut Ave, Suite I, Dalton, Georgia 30721, United States.
For consumers in Peru, local consumer protection and data protection requirements apply (including Law No. 29571 and Law No. 29733), as set forth in these Terms.
1.3.
BY ACCESSING AND/OR USING THE WEBSITE AND THE SERVICES, YOU AGREE TO THESE TERMS OF USE (“Terms”). PLEASE READ THESE TERMS CAREFULLY AND REGULARLY.
1.4.
For purposes of these Terms, “You” or “User” refers to any natural or legal person who uses the Website or the Services in any way, including, without limitation, accessing or browsing the Website, as well as registered users, as applicable. “We,” “Us,” or “Our” refers to the Company, its affiliates, legal successors, and authorized assignees.
2. MODIFICATION OF SERVICES
2.1.
We provide the Services with a commercially reasonable level of skill and care, and we hope you enjoy using them. We continuously improve our Services. We may add or remove functionalities or features, or suspend or discontinue a Service entirely.
2.2.
We may modify these Terms or any additional conditions applicable to a Service to reflect changes in the law or in the Services. You should review these Terms periodically. Changes introducing new functions or changes made for legal reasons will take effect immediately. If you do not agree with modified Terms for a Service, you must stop using that Service.
For consumers in Peru, we will provide clear and accessible notice of any material changes and their effective date. Continued use after that date constitutes acceptance of the modified Terms, without prejudice to consumers’ non-waivable rights under Peruvian law.
3. USE OF INFORMATION ON THE WEBSITE / POSTING CONTENT
3.1.
Content such as text, graphics, images, information, and other materials on the Website is provided for informational and educational purposes only and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical/health condition.
3.2.
Content provided through the Services or other communications is not intended to replace medical advice, diagnosis, or treatment by a physician or other health professional.
3.3.
Use of the Content is at your own risk. Nothing on the Website or available through the Services should be interpreted as the practice of medicine, dentistry, nursing, or other professional health services, or the provision of medical or healthcare services.
4. CONSULT A LICENSED HEALTH PROFESSIONAL
4.1.
You should always consult an authorized health professional with any questions or concerns regarding any disease, medical or health condition, and about the suitability of any supplement, herb, or medication given your specific needs and conditions.
Reliance on any information appearing on the Website—whether provided by The Ayurveda Experience, content providers, Website visitors, or others—is at your own risk. The Ayurveda Experience will not be liable for losses or damages arising from such reliance, except where liability cannot be limited by law. You acknowledge and agree that when a Seller or manufacturer is the party providing product information made available on the Website, that Seller or manufacturer will be primarily responsible for the truthfulness and sufficiency of such information, in accordance with applicable law.
4.2. Cookies
The Website uses cookies to store certain data (not sensitive personal data) for technical administration, R&D, and user administration. When serving ads or optimizing Services, The Ayurveda Experience may allow authorized third parties to place or recognize a unique cookie in the user’s browser.
For consumers in Peru, a clear cookie banner will be displayed and prior, informed, express consent will be obtained for non-essential cookies (including marketing/profiling cookies). Users in Peru may manage their consent at any time.
4.3.
You must never avoid or delay seeking professional medical advice or disregard properly obtained medical advice because of information provided on the Website. If you have or suspect you have a medical problem, contact a registered health professional immediately.
4.4.
It is important that you do not make medical decisions on your own and that you always seek your health provider’s advice.
4.5.
The Ayurveda Experience does not endorse any opinion or viewpoint that may be included in Website content or other information provided through our Services. Submitting questions or comments about our products does not create a professional relationship between you and The Ayurveda Experience.
4.6.
The Ayurveda Experience does not recommend or endorse any test, physician, product, procedure, opinion, or other information that may be mentioned on the Website. Any reliance on information provided by The Ayurveda Experience, its employees, invited speakers, or other Website visitors is at your own risk.
PAYMENT TERMS (PERU)
Registration and access to information are free. The Company does not charge any fee to browse the Website. Except for products sold directly by the Company, you agree to make payments to the applicable Seller through the mechanism provided on the Website.
For online payments, the Company may act as an intermediary by receiving payment on behalf of the Seller and transferring it to the Seller. The Company will not be responsible for losses or damages you may suffer during this process when attributable to third parties outside the Company’s control, without prejudice to consumers’ non-waivable rights under Peruvian law.
The Seller may appoint collection agents. The Company is not responsible for acts or omissions of such agents where they are third parties outside the Company’s control.
For products offered directly by the Company, payments must be made directly to the Company as indicated on the Website.
For Peru:
(a) Prices for consumers in Peru will be displayed in Peruvian Soles (PEN) or the applicable currency will be clearly indicated, and the total amount will be disclosed before confirming the purchase.
(b) We will disclose prior to purchase any applicable charges, shipping costs, estimated duties, or Import Charges (if applicable).
(c) We will provide secure electronic payment methods commonly used.
(d) The applicable return/refund/exchange policy will be disclosed prior to purchase.
(e) Nothing in these Terms limits consumer rights under Law No. 29571.
WEBSITE ACCESS
These Terms govern your conduct on the Website and set out your obligations. You agree and confirm that:
- You will comply with all obligations set out in these Terms.
- You will use the Services only for lawful purposes and in compliance with these Terms and all applicable laws, regulations, ordinances, codes, guidelines, and policies issued by any competent authority, as well as applicable court decisions (“Applicable Laws”).
- You will provide only true and accurate information to the best of your knowledge.
- You will not take any action that may compromise Website security, make it inaccessible to other users, or damage the Website or any content posted on it (“Content”).
6.1.
Some functions/sections are accessible only to registered users. As a condition of use, all information you provide must be accurate, current, and complete. If the Company believes the information is not accurate, current, or complete, it may deny access and cancel or suspend access at any time without prior notice.
You agree and confirm:
6.1.1.
You may register by completing the registration form and must not allow any other person to use your account.
6.1.2.
You must notify us immediately in writing if you become aware of any unauthorized use of your account.
6.1.3.
Your user ID must not be misleading and must comply with these Terms; you must not use it for impersonation.
6.1.4.
You must keep your password confidential and notify us immediately if you become aware of any disclosure.
6.2.
You represent and warrant that if you are a natural person: (i) you are at least 18 years old; and (ii) you have legal capacity to enter into a binding contract under the laws of your country of residence; or (iii) if registering on behalf of a legal entity, you are authorized to bind that entity.
For Peru, legal capacity and age of majority are determined under Peruvian law. Anyone under 18 may access only under parental/guardian supervision.
6.3.
If we change eligibility criteria and you no longer meet them, we may close your account without liability to you to the extent permitted by law. You are responsible for ensuring these Terms comply with applicable laws. Access is revoked where prohibited.
6.4.
If you know or suspect someone has unauthorized access to your account information, you must notify us immediately by emailing care@theayurvedaexperience.pe. We are not responsible for losses arising from unauthorized use where such losses are not attributable to the Company, without prejudice to consumer rights.
7. USE RESTRICTIONS
7.1.
The Website is provided for personal, non-commercial use only. You may not use it for commercial purposes without the Company’s prior written consent. For example, you may not (and may not authorize any third party to): (i) co-brand the Website; or (ii) frame the Website; without prior written permission from an authorized Company representative.
7.2.
“Co-branding” means displaying a name, logo, trademark, or other attribution in a way that could lead users to believe the other party has the right to display/publish/distribute the Website or Content. You agree to cooperate to stop any unauthorized co-branding/framing.
7.3.
Our products are offered exclusively for personal consumption.
8. SUBMISSIONS / CONTRIBUTIONS
8.1.
Whenever you use a feature to upload Content or communicate with others, you must comply with our content rules. You warrant your Content complies and you will indemnify the Company for any breach. You are responsible for any loss/damage we suffer from your breach.
8.2.
You grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and display all content/comments/suggestions/ideas/graphics or other information you provide (“Contribution”), and to incorporate Contributions into other works in any form/media/technology.
8.3.
Uploaded Content will be considered non-confidential and non-proprietary. You retain ownership but grant us (and other users) a limited license to use, store, and copy it and to distribute/make it available to third parties.
8.4.
You warrant you have the legal right to post the Contribution and it will not violate any law or third-party rights.
8.5. Privacy and personal data
We will process personal information you submit in accordance with our Privacy Policy – Peru on the Website. For Peru, we will respect the data subject rights under Law No. 29733, including ARCO rights and consent withdrawal, which may be exercised via care@theayurvedaexperience.pe.
8.6.
We may disclose your identity to any third party claiming your posted Content violates intellectual property or privacy rights.
8.7.
We may remove, and you may not post, material that is unlawful, obscene, abusive, discriminatory, exploits minors, infringes rights, contains malware, disrupts communications, is pyramid-like, violates policies, or links to such content.
8.8.
We may monitor the Website to determine compliance and remove or reject information. You remain solely responsible for your Contributions.
9. MOBILE SERVICES
We may provide mobile software. You are responsible for carrier charges. License is personal and restricted; no reverse engineering; updates may be automatic; export/import laws may apply.
10. INTERACTIVE SERVICES
We may offer chats/boards; moderation is discretionary; parents must supervise minors; liability is excluded to the extent permitted by law.
11. ELECTRONIC COMMUNICATIONS
You consent to electronic communications. You must keep contact information updated. You may cancel your account by emailing care@theayurvedaexperience.pe. For Peru, we will provide key pre-contract info in Spanish as reasonably applicable.
12. PROPRIETARY INFORMATION
Trademarks, copyrights, hyperlinks, and downloads are governed as stated; third-party links are at your own risk; downloads may contain malware.
13. DISCLAIMER
Lifestyle/education only; not medical advice; packaging may differ; nothing limits Peruvian consumer rights under Law 29571; seller-buyer contract applies for third-party products subject to any mandatory obligations under Peruvian law.
14. WARRANTIES
Services are “as is”; warranty disclaimers apply only to extent permitted; nothing excludes legal warranties where applicable under Law 29571.
15. LIMITATION OF LIABILITY
Liability limitations apply to extent permitted; the USD 100 cap does not apply where Peruvian law prohibits limitation (willful misconduct, gross negligence, personal injury, defective products, legal warranty violations).
16. INDEMNIFICATION
Indemnity applies to extent permitted; interpreted under mandatory Peruvian rules and does not limit non-waivable consumer rights.
17. WAIVER AND RELEASE
Release applies to maximum extent permitted, without prejudice to non-waivable consumer rights under Law 29571.
18. TERMINATION / CANCELLATION
We may terminate for incapacity/breach as permitted; consumers may cancel accounts without penalty subject to legal exceptions.
19. WEBSITE SECURITY
Cooperation with authorities; reasonable safeguards; Peru: security measures aligned with Law 29733; ARCO via care@theayurvedaexperience.pe.
20. GOVERNING LAW AND JURISDICTION
20.1. Governing law
For operations aimed at consumers in Peru, these Terms are governed by Peruvian law, including Law 29571 and Law 29733.
20.2. Jurisdiction
Courts of Metropolitan Lima have jurisdiction, without prejudice to the consumer’s right to approach INDECOPI or other competent authority where applicable.
20.3. Entire agreement
Invalid clause severance; these Terms are the entire agreement subject to posted additional terms.
21. CONTACT US – PERU
General inquiries/complaints/comments: care@theayurvedaexperience.pe
Account deactivation: care@theayurvedaexperience.pe
Opt-out request: care@theayurvedaexperience.pe (subject: “Opt-out Request”), without affecting non-waivable consumer rights.
22. OTHER IMPORTANT TERMS
We may assign our rights/obligations without affecting your rights under Peruvian law. You may assign only with our consent. OpenBorder, Inc. may handle international delivery; additional terms may apply alongside these Terms and mandatory Peruvian consumer/e-commerce rules.