Terms & Conditions

Please read all these terms and conditions.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Garo Knit S.A.C. whose trading name is Genes, a company registered in Perú under number 20606477261 with email address info@genesbrand.pe; (the Supplier or us or we).
  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  8. Website means our website www.genesbrand.com on which the Goods are advertised.

 

Goods

  1. The description of the Goods is as set out in the Website, catalogues, social media profiles or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and color of the Goods supplied.
  2. All Goods which appear on the Website are subject to availability.
  3. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. If given permission, we may contact you by using e-mail or other electronic communication methods

 

Basis of Sale

  1. The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. It consists of adding the products you would like to purchase to your cart, filling out your information in the checkout section and paying for the purchased items. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. If there were to be any mistakes, please contact us at info@genesbrand.pe as soon as possible. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  4. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by if you would like to buy wholesale or would need additional documents.

 

Price and Payment

  1. The price of the Goods and any additional deliver or other charges is that set out on the Website at the date of the Order or such other price as We may agree in Writing.
  2. Prices and charges for international orders do not include import taxes. Please check with your national customs organization for customs clearance procedures and requirements if needed.
  3. You must pay through PayPal Express Checkout by using your PayPal account or submitting your credit or debit card details with your Order.

 

Delivery

  1. We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
  3. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that deliver on time was essential; or
  4. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
  5. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  6. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will in addition to other remedies, without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us, and we will pay the costs of this.
  7. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  8. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, We may charge the reasonable costs of storing and redelivering them.
  9. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
  10. If, for some reason, you refuse to the customs clearing procedures, we are in no way, shape or form made responsible for the failure of delivery of the goods.

 

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

Withdrawal, returns and cancellation

  1. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 24 hours without giving any reason.
  2. The cancellation period will expire after 24 from the time on which you acquire or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg an email to info@genesbrand.pe).
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery if the delivery has not yet been paid for, except for non-reimbursable fees taken by the payment tools used.

Timing of reimbursement

  1. We will make the reimbursement using the same means of payment as you used for the initial transaction.

Returning Goods

  1. If you have received Goods in connection with the Contract that present any faults or imperfections, you must message us at info@genesbrand.pe without delay and in any event not later than 5 days from the day on which you receive the products from your Order. The deadline is met if you send us an email before the period of 5 days has expired. Once your return request is accepted, we will send you the information to make the return.
  2. Returned products must be in good condition and in the original packaging in order to be accepted.
  3. We will give you the choice to send you a new item of the same model or to exchange the returned item for any product from our store the same value. You will also have the chance to get store credit for the amount paid for the returned item.
  4. Note that for other reasons, such as size or color exchanges, you will need to pay a return and processing fee of $30 and place another order for the new item with the store credit you will receive.

 

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. conform to their description.

 

Privacy

  1. Your privacy is of utmost importance to us. We respect your privacy and will cautiously use your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.genesbrand.com/pages/privacy-policy).
  3. For the purposes of these Terms and Conditions:
    1. Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the LPDP
    2. ‘LPDP' means the Peruvian Ley de Protección de Datos Personales (Personal Data Protection Law in English)
    3. Data Controller, Personal Data and Processing shall have the same meaning as in the LPDP
  4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
  5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data: and
    4. we will implement technical and organizational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy you can e-mail: info@genesbrand.pe

 

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this. the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customers business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of Peru.
  2. We try to avoid any dispute, so we deal with complaints in the following way:

If a customer has a complaint, please contact us at info@genesbrand.pe writing as a subject “COMPLAINT – [Description of Complaint]” and detailing the information in the email. We will contact you to further discuss the matter.