Tukuy | Clear terms and conditions for a lasting relationship
This is a courtesy translation. In the event of any discrepancy, the Spanish version prevails.

Terms and Conditions

Introduction

Tukuy Club PerĂș SAC has developed the Tukuy website (https://tukuy.club), through which various companies other than Tukuy Club PerĂș SAC sell their goods and services. Using the Tukuy Club PerĂș SAC website, any user may also purchase goods and services from affiliated merchants through a virtual payment platform known as the "Payment Form" or "Payment Link". This document contains the general Terms and Conditions of the Services provided on the website, as well as specific rules for purchasing and paying for goods and services. These Terms and Conditions are binding on all Users interested in purchasing goods or services that companies sell through the website. Any person, company and/or business that wishes to access and/or subscribe to and/or carry out any transaction through the website must accept and agree to these Terms and Conditions. All visits, contracts and transactions carried out on the Tukuy Payment Form are subject to these rules and to the applicable law.

Representations of the parties

Users represent that:

  1. This document is not contractual in nature; these are merely Terms and Conditions governing your access to or use of the website as an affiliate, and must therefore be accepted by anyone who wishes to use the website;
  2. The goods and services sold through the website belong to the affiliated merchants;
  3. Tukuy Club PerĂș SAC administers the Payment Forms solely to process payment for products or services purchased from affiliated merchants;
  4. Tukuy Club PerĂș SAC does not qualify as a supplier of the goods or services and is therefore not responsible for their suitability and/or fitness for use, which rests solely and exclusively with the affiliated merchants;
  5. Under no circumstances will the services provided give rise to a consumer relationship between Tukuy Club PerĂș SAC, the affiliated merchants and/or the users, since the services and obligations of each party are different;
  6. Users know and accept that Tukuy Club PerĂș SAC only provides an administration service through which affiliated merchants can sell their goods and/or services; the contractual relationship arising from the purchase of the goods and/or services is entirely unrelated to Tukuy Club PerĂș SAC, since it is not the supplier of the goods or services offered on Tukuy, does not possess them, and does not take part in completing the transactions between users and affiliated merchants, nor in any subsequent negotiation, completion of the transaction or obligations assumed in the final contract, which will be agreed at the users' and affiliated merchants' own expense and risk.
  7. Users know and accept that Tukuy Club PerĂș SAC does not endorse or guarantee the goods or services offered by affiliated merchants. Users must not make purchasing decisions assuming they are endorsed or backed by Tukuy Club PerĂș SAC; on the contrary, they must act diligently and reasonably, informing themselves at their own risk about the affiliated merchant and the goods and services it offers.
  8. Users release Tukuy Club PerĂș SAC from any claim or legal action regarding the goods or services they purchase using Tukuy. Likewise, each and every party involved in such claims or actions releases the directors, managers, employees, agents, operators, representatives and attorneys-in-fact of Tukuy Club PerĂș SAC from all liability, expressing their prior consent and their express statement that the obligations and responsibilities of Tukuy Club PerĂș SAC are limited to the proper operation of the Payment Form.

Service features

Tukuy Club PerĂș SAC provides an administration service through which affiliated merchants can sell their goods and/or services. For this purpose we offer four (4) subscription plans, depending on the needs of the business that wishes to join, which are detailed on the website.

Tukuy Club PerĂș SAC also offers affiliated merchants a free 15-day trial period (for new merchants only), counted from the moment the user chooses the plan, submits their payment details (they must enter their credit or debit card) and accepts the trial period; the user consents to the use of their payment information in accordance with our privacy policy and acknowledges and accepts Tukuy's terms of use. During the trial period the user will not be charged the plan's fixed fee, but if their sales exceed their plan's commission-free limit during that period, the excess will be subject to commission and charged together with the first charge at the end of the trial. At the end of the trial period, the user will automatically become a Tukuy user and the amount corresponding to the chosen plan (fixed fee plus, where applicable, the stated commission) will be charged automatically to their card, until the user manually cancels their subscription at the end of day 15 or the applicable day.

In addition to its monthly fixed fee (where applicable), each subscription plan includes a sales limit in US dollars (USD) with no additional commission during each billing period. Sales above that limit are subject to a commission on the excess, whose percentage varies according to the plan and is detailed on the website. The Tukuy Free plan has no commission-free limit: all of its sales are subject to the corresponding commission from the first dollar sold. At the close of each billing period, Tukuy Club PerĂș SAC will issue a statement detailing the fixed fee (where applicable) and the commission generated by the excess sales for the period, which will be charged automatically to the card registered by the affiliated merchant.

No refunds or credits will be offered for partial monthly subscriptions. If Tukuy Club PerĂș SAC decides to increase its fees in the future, the user will be notified in advance, and such changes will only take effect at the beginning of the next subscription period after the date of the price change. If the user continues to use the service provided by Tukuy Club PerĂș SAC once the new price takes effect, they are deemed to accept the new price.

Affiliated merchants who wish to renew their subscription with Tukuy may do so monthly; renewal will be automatic at the end of the current period they have chosen, for which they must have a credit or debit card linked to their account.

At the end of each period, the corresponding statement (fixed fee plus commission on the excess, where applicable) will be charged automatically. If the card charge fails, the affiliated merchant's ability to create new sales will be restricted immediately until the statement is settled, and the system will automatically retry the charge once a day. If 3 days pass after the due date without the payment being settled, the affiliated merchant's subscription will be cancelled and the merchant will automatically move to the Tukuy Free plan. The affiliated merchant will be notified by email of each statement generated and may settle the payment manually from their dashboard at any time during those 3 days to avoid the plan change. Merchants may resubscribe as many times as they wish, and automatic billing will be reactivated each time they do so.

The affiliated merchant may cancel their subscription at any time, and it will remain active for as long as the current period has been paid.

Tukuy Club PerĂș SAC represents that:

  1. Goods and services are described by each affiliated merchant on their respective websites and/or channels. Tukuy Club PerĂș SAC does not endorse, guarantee, back or verify the goods and services in advance; it is only a platform that allows affiliated merchants to sell their goods and/or services.
  2. The Payment Form is a platform used solely to coordinate payment for products or services purchased from affiliated merchants.
  3. Tukuy Club PerĂș SAC does not take part in the final transaction and does not guarantee or endorse the operability, suitability or fitness of the goods or services offered by affiliated merchants, which are sold as is and under the conditions set by their respective owners.
  4. The terms and conditions contained in the Tukuy Payment Form apply in full and without distinction to all goods and/or services provided on the website or the platform. Anyone who does not accept these general terms and conditions, which are mandatory and binding, must refrain from using the services of this website.
  5. Users must read, understand and accept all the conditions set out in the General Terms and Conditions and the website's Privacy Policies, as well as in the other documents incorporated by reference, before registering on the Tukuy platform and/or purchasing products and/or providing any data for any purpose. When users use the website by registering their data, purchasing any product and/or providing any kind of information, this implies full acceptance of the conditions set out in the General Terms and Conditions and its Policies.
  6. Under no circumstances does Tukuy Club PerĂș SAC store credit card information. When the affiliated merchant enters the card, a token is generated, which Tukuy uses to make the charge; that token is not sensitive information. If it were stolen by hackers, there would be no problem, since it can only be used to make purchases in our own store.

By merely accepting the Terms and Conditions, users expressly undertake to comply with them and may not claim to be unaware of them.

Capacity

The Payment Form Services are only available to persons with the legal capacity to enter into contracts. They may not be used by persons without such capacity, by minors, or by persons who have been suspended or removed from the system by this website, either temporarily or permanently, for breaching the General Terms and Conditions or for having engaged, in the website's judgement, in wilful or fraudulent conduct through the use of this website.

Registration

Registration with valid data in all fields is mandatory to use the Tukuy Payment Form platform. Prospective Users must complete it with accurate and truthful personal information ("Personal Data") and undertake to update their Personal Data as necessary. Tukuy may use various means to identify its Users, but it is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data entered, and Tukuy may temporarily or permanently suspend Users whose data could not be confirmed.

Privacy of information

To use the Services offered by Tukuy, Users must provide certain personal data. Members have provided their Personal Data freely and voluntarily at the time of Registration. Their personal information is processed and stored on servers or magnetic media that maintain high standards of physical and technological security and protection, in accordance with Law No. 29733. The Personal Data provided will be used by Tukuy Club PerĂș SAC for the purposes set out in these Terms and Conditions:

  1. To improve and promote the services provided by Tukuy Club PerĂș SAC and/or its related companies.
  2. To promote offers, discounts or special information at the request of an affiliated merchant, provided that such information benefits the data subject in the judgement of Tukuy Club PerĂș SAC. To this end, users authorize Tukuy Club PerĂș SAC to use all the means and/or channels contained in the information provided, whether personal or that of their legal representatives, to promote such information, including home addresses, email addresses or telephone numbers.
  3. Tukuy Club PerĂș SAC will not disclose or provide users' personal data to affiliated merchants. Personal data will not be transferred, sold and/or traded with third parties either.
  4. Users have the right to object to the use of their Personal Data for any purpose other than improving and promoting the services provided on the website and/or on the Virtual Store platform.

Merchants affiliated with Tukuy

Tukuy is not responsible for examining or rating, nor in any case guaranteeing, the goods and services offered by affiliated merchants through the Tukuy Payment Form, nor the content of their respective websites. Tukuy Club PerĂș SAC assumes no responsibility for the actions, products and content of affiliated merchants. We suggest that you carefully review the terms and conditions of use of the companies and/or businesses that offer their services through the Tukuy platform.

Tukuy allows companies and/or businesses registered on its platform to offer and sell their products. Tukuy therefore facilitates transactions through its platform, but it is neither the buyer nor the seller of the products offered by the companies and/or businesses registered on the platform; it simply provides a space where users and affiliated merchants can negotiate and carry out their transactions. Consequently, the contract that arises once a product sold by an affiliated merchant has been purchased concerns solely and exclusively the parties. Tukuy is not a party to that contract, assumes no responsibility in relation to it, and does not act as the affiliated merchant's representative. The affiliated merchant is responsible for selling its products and for providing assistance with buyer claims or any other matter related to that contract between buyer and seller.

Tukuy Club PerĂș SAC instructs users to find out directly about the goods and services offered, or to contact the affiliated merchants directly to resolve any questions or concerns, or to learn about and visit their premises. For this purpose, the company details and contact information of each affiliated merchant are displayed clearly and expressly on the website. Affiliated merchants are directly responsible for the prices they publish.

Payment methods that may be used in the Virtual Store

Tukuy is not responsible for contracting payment gateways. Each merchant affiliated with Tukuy will manage its own payment method, contracting payment gateways that allow its business or online store to sell and therefore accept credit cards.

If the affiliated merchant contracts a third-party Payment Gateway, those companies will be identified on the website and will be responsible for collecting the value of the good or service offered on the Payment Form, through their own systems prepared for that purpose, including any payment method the user chooses. The use of cards is subject to these Terms and Conditions and to the terms of the card issuer, as well as to the respective Contracts and Rules of Use. Therefore, in the case of bank cards accepted by affiliated merchants, matters relating to them, such as issue date, expiry, credit limit, blocks, etc., will be governed by the respective Contract and Rules of Use, and Tukuy will have no responsibility for any of these matters.

Prohibited items

Only goods and/or services whose sale is not tacitly or expressly prohibited by this agreement or by current law may be sold. The sale of the following is expressly prohibited: firearms, narcotics, stolen property, human organs or remains, wild animals or endangered species, or anything whose sale is expressly prohibited by current legislation, counterfeit currency or stamps, contraband items, counterfeit or adulterated items, gunpowder or explosive material, prescription drugs, services related to prostitution or similar, pornographic or obscene material or material contrary to morality and good customs, or anything whose sale is expressly prohibited by current law or that promotes violence and/or discrimination based on race, religion, sex, nationality, sexual orientation or any other ground. The affiliated merchant is solely responsible for ensuring the legality of the sale of its items or services. Tukuy assumes no responsibility for the presence on the site of, or for transactions involving, items or services that do not comply with this restriction.

Delivery conditions

Products purchased through the Tukuy virtual store are subject to the shipping and delivery conditions set by each affiliated merchant, and Tukuy bears no responsibility for them. The shipping address information is the sole responsibility of the user. The delivery and shipping times chosen are set by each company and/or business, and the Tukuy platform bears no responsibility for them.

Other websites

The website may contain links to other websites, which does not mean that they are owned or operated by Tukuy. The presence of links to other websites does not imply any partnership, relationship, approval or endorsement by Tukuy of those sites and their content.

Tukuy Club PerĂș SAC will not assume or bear any responsibility for the information provided by other websites and its consequences, nor does it in any way guarantee, endorse or back the access, information or content of any other website or portal when such access is made from or to this one, whether through a link, banner or any other device available on the network. Since the website has no control over such sites, it will not be responsible for the content, materials, actions and/or services they provide, nor for any damage or loss caused directly or indirectly by their use.

Changes to the Terms and Conditions

Tukuy may modify the General Terms and Conditions at any time by publishing the modified terms on the Site. All modified terms will take effect 02 (two) days after their publication.

Within 05 (five) days after the publication of the changes, Users must notify by email if they do not accept them; in that case the contractual relationship will be terminated and they will be disabled as users. After this period, Users will be deemed to accept the new terms and the contract will continue to bind both parties.

System failures / Liability

The current state of technology does not allow the development or use of software or data processing devices (hardware) that are completely free of failures and/or errors, nor does it allow all unforeseeable circumstances related to the Internet as a means of communication to be avoided.

Tukuy Club PerĂș SAC is not responsible for any damage, harm or loss to the User's equipment caused by failures in the system, the server or the Internet. Nor will it be responsible for any virus that may infect the user's equipment as a result of accessing, using or browsing its website or as a result of any transfer of data, files, images, texts or audio contained on it.

Users may NOT hold it liable or demand payment for loss of profits resulting from technical difficulties or failures in the systems or the Internet.

Tukuy Club PerĂș SAC does not guarantee continuous or uninterrupted access to and use of its site. The system may occasionally be unavailable due to technical difficulties or Internet failures, or any other circumstance beyond the control of Tukuy Club PerĂș SAC; in such cases, best efforts will be made to ensure the uninterrupted availability of the Tukuy Payment Form services and the absence of errors in any transmission of information that may take place. Likewise, if access to the Tukuy Payment Form Services is occasionally suspended or restricted for repair or maintenance work, or for the introduction of new products or services, efforts will be made to limit the frequency and duration of such suspensions or restrictions and to restore access as quickly as possible, without any liability being attributable for this.

Tukuy Club PerĂș SAC does not ensure or guarantee access to, or the continuous and uninterrupted provision of, its services to affiliated merchants whose equipment does not meet the Technical Requirements.

Tukuy Club PerĂș SAC will not be liable for any loss that is not directly attributable to a breach on its part, such as business losses (including loss of profits, revenue, contracts or data, or unnecessary expenses incurred), nor for any indirect or consequential loss that was not reasonably foreseeable by both parties at the time the user began using the services of the website or the Tukuy platform. Nor will it be liable when technical failures are beyond its objective control and result from deficiencies in the Internet service, or in the event of acts that qualify as unforeseeable circumstances or force majeure.

Intellectual property

The content of the screens relating to Tukuy's services, as well as the programs, databases, networks and files that allow Users to access and use their Account, are the property of Tukuy Club PerĂș SAC and are protected by copyright, trademark, patent, industrial model and design laws and international treaties.

Misuse and total or partial reproduction of such content is prohibited, punishable by law with civil and criminal penalties, and will be subject to all relevant legal action.

Governing law

These Terms and Conditions are governed in all respects by the laws in force in Peru.

Address

Tukuy's tax and legal address is Av. Brasil 1836 Of. 1607, Pueblo Libre District, 15084, Lima, Peru.