Terms & ConditionsLoyalty Point Rewards Program
Terms and Conditions
This document contains the terms and conditions of use (hereinafter “TCU”), which shall be applicable to the acts entered into and actions executed through, or in direct or indirect relation to the web portal owned by PUNTOS LOYALTY S.R.L. (hereinafter “PuntosLoyalty”), which operates with the domain name www.puntosloyalty.com and its related derivatives (hereinafter “The Site”). PUNTOS LOYALTY S.R.L. is represented for legal purposes by Mr. Richard Tapia. The TCU contained in the present instrument shall apply to all purchases and services contracted in “The Site”, especially to the following acts and actions: (i) The purchase and sale of Products and Services offered and provided by the contracting companies (hereinafter “The Suppliers”) with Puntosloyalty, through “The Site”; (ii) The access and use of The Site in any way and for any effect previously authorized by Puntosloyalty, unless otherwise expressly agreed in writing; (iii) The access and use of other related spaces that are formed in association or on the occasion of The Site, such as chats, forums, pages among others. The natural or legal persons duly represented, (hereinafter the User or the Buyer) who wish to purchase discounts and access and/or use The Site, may do so provided that they register and accept the TCU contained in this document, as well as the other policies and principles that govern The Site and that are incorporated herein. The TOU are binding and mandatory. Consequently, the User/Buyer shall enjoy all the rights contained in these terms and conditions of use. As well as Cuponatic strictly apply all the benefits and guarantees that the consumer protection law provides for transactions made through this site, without prejudice to the particular modifications that Cuponatic made in the TCU, which shall apply in preference to the aforementioned law. Additionally, Puntosloyalty adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Chamber of Commerce.
Second. FREEDOM TO BROWSE, COMPARE PRODUCTS AND SERVICES:
The mere visit of this site does not impose any obligation on the buyer, unless he expresses unequivocally, through positive acts, his willingness to purchase certain goods or services, in the manner indicated in these terms and conditions.
One of the Services offered on the Site, is the offer of sale to the general public of Products and / or Services sold or provided by companies not related to Puntosloyalty. This Service shall be referred to hereinafter as the “Offer”.
In this act, Puntosloyalty reserves the right to modify the TCU, policies and conditions of use related to the use and destination of The Site, unilaterally, without prejudice that such modifications may not affect the conditions and rights acquired by the User in commercial transactions made prior to the publication of the modifications of the TCU, policies and conditions of use and destination of The Site. Puntosloyalty may modify the Terms and Conditions at any time, making public on the Site the modified terms. All amended terms shall be effective from the date of publication on the Site.
Fifth. THE OFFER:
Puntosloyalty, through The Site, will offer for sale Products and/or Services sold or provided through it by the Suppliers, according to the conditions and procedure expressed below: a) During the day or days that the notice is published on The Site, Buyers and / or Users may make online purchase orders, guaranteeing payment through a bank credit card, debit card or any other form that, in the opinion of Puntosloyalty, offers sufficient guarantee of payment as expressly defined in The Site; b) The Offers will include the parameters, details and specific conditions of the Products and/or Services subject of the discount; c) Each Offer will include the specifications, details and conditions of the Services and/or Products subject of the Discount, as well as the form of the Discount and the Products and Services subject thereof; d) The Offers will have a fixed duration, which will be published to Buyers and/or Users through The Site;. Each purchase will have a validation code, which is not nominative, so it can be used by the bearer thereof. Puntosloyalty is not responsible for the loss, misuse or unauthorized use of the purchase, either by the User and / or Buyer, or third parties, after the purchase. The descriptions of the Services and / or Products subject to discounts are made based on information provided by Puntosloyalty Suppliers, photographs, images, videos of the Services, Products, among others, are merely illustrative. The offers offered on the Site have a fixed term and validity. Said term will be stated in each one of the Offers and in the respective coupon. Thus, the User or Buyer acknowledges that he/she is aware of such term and that after the expiration of the validity period, the coupon will be without effect and validity, without the right of the Buyer and/or User to make any claim or request any refund.
The User will be able to request the return in credits Puntosloyalty or Exchange of the product or service in case that the product presents damages, deficiencies of manufacture or elaboration of the product, as also in case of not having received in the term of ten days from the date promised for the delivery. It will be the sole responsibility of the customer, once delivered or shipped, that the product and packaging must be in the same condition as it was delivered in addition to presenting the receipt to assert the above option; without these two conditions, Puntosloyalty reserves the right to deliver such return or exchange of product.
Notwithstanding the foregoing, it is expressly stated that the User shall not be entitled to withdrawal under Article 3 of Law 19,496.
The interested User may accept the Offer and purchase the coupon, provided that it is previously registered on The Site, for which it is mandatory that all data provided in the form of The Site are valid, truthful and current. By registering the user agrees to be subscribed to the newsletter Puntosloyalty. The User agrees to update in a timely manner the data provided and recorded on the Site, to adjust to changes that occur over time. Puntosloyalty is NOT responsible for the accuracy of the data provided by the Buyers and / or Users of the Site. Users are responsible, in all cases, the truthfulness, accuracy, validity and authenticity of the data.
Puntosloyalty reserves the right to request proof, backup and / or additional information, in order to corroborate the Personal Data and shipping, as well as temporarily or permanently suspend those users whose data could not be confirmed. In these cases of disqualification, it will be impossible for the User to make Offers, without this generating the right to any compensation. The personal information that the user provides to Puntosloyalty, will be secured by a password, of which only the user will be aware. The user is solely responsible for maintaining the secrecy of the key. The User agrees to notify the Company immediately and by suitable and reliable means, any unauthorized use of your account. The Account is personal, unique and non-transferable, and it is prohibited for the same user to register or own more than one account. In the event that Puntosloyalty detect different accounts that contain matching or related data, may cancel, suspend or disable them. Puntosloyalty reserves the right to reject any application for registration or cancel a previously accepted registration at any time and for any reason. Puntosloyalty ctomunicará the user the reasons for rejection or cancellation of registration, when requested in writing, without this generating any right to compensation or compensation for the user.
WITH THE REGISTRATION BY THE USER, HE/SHE DECLARES THAT HE/SHE IS CURRENTLY OVER 18 YEARS OF AGE, THAT HE/SHE IS ENTITLED TO PURCHASE PRODUCTS AND SERVICES FOR ADULTS, AND THAT HE/SHE ACCEPTS AND ADHERES TO ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.
Seventh. HOW TO CONTRACT:
To make purchases or hire services in Puntosloyalty, the user or buyer must follow the following steps, typing a “click” in the respective field:
Select the products or services you want and add them to the “shopping cart” (can be more than one coupon at a time).
Enter your e-mail address and password. In case you are not registered, you can do it through the “create account” icon, with the requirements and details that can be seen in the previous recital (“REGISTRATION”).
Select the type of shipment and one of the payment methods available on the Site. Puntosloyalty offers home delivery, withdrawal in Cajamarca mail branches, withdrawal in Puntosloyalty Store and withdrawal where supplier. Not all products have the same delivery methods.
Once placed the order, will be displayed on the screen, a description of the product or service, price, delivery date according to the selected shipping method, payment method, the total value of the transaction and other commercial conditions reported for the order. These can be stored and printed without difficulty.
Then the order will automatically go through a process of identity confirmation, in order to protect your security and the contracting process, as well as the availability, validity and quota of the selected payment method.
Once the above has been successfully completed, you will be notified through the e-mail registered on the Site that your order has been confirmed; only at that moment will the contract be perfected and the charge will be made in the selected means of payment for the purchase and the respective invoice or bill will be sent in electronic format.
Finally, the buyer’s rights will not be affected, much less will any charges be made without first confirming his identity.
The price of the product and/or service will be published in the Offer on The Site, including VAT.
The user may make the payment, for the (s) discount (s) or service (s) you want to hire, by credit or debit cards authorized by Puntosloyalty, and having as issuing financial institution to a Chilean credit establishment authorized by the Superintendency of Banks and Financial Institutions. Finally, once paid the service or product selected, the coupon or proof of purchase of the respective discount, will be available on our website for viewing.
Tenth. THE SERVICE:
Puntosloyalty only sells discounts that the User can redeem for Products and / or Services sold by Suppliers.
The User or Buyer accepts and understands that the discounts purchased, can not be accumulated with other promotions that the Supplier offers at the time of purchase or redemption. Notwithstanding the foregoing, Puntosloyalty will make its best efforts to ensure that the Supplier complies with the conditions of delivery of the product or service purchased by the User through the Site. In no event shall Puntosloyalty be liable for: i) the misuse that users or visitors to the Site may make of the materials displayed, industrial property rights and intellectual property rights. ii) for damages or possible damages that may be caused to buyers and / or users by the operation of search tools and errors that are generated by the technical elements of the Site or search engine. iii) of the contents of the pages to which the Buyers or Users may access with or without authorization of Puntosloyalty. iv) access by minors or persons without capacity, under the terms of the relevant legislation, to the contents adhering to the contractual relationship arising from the Site. iv) Puntosloyalty in no case be liable for the loss, misuse or unauthorized use of the coupon or its validation code, either by the User and / or buyer Buyers, or third parties, after making the purchase in the manner expressed in the TCU. Also, the parties acknowledge and put on record that the computer platform provided by Puntosloyalty is not infallible, and therefore, during the term of this Contract may be verified circumstances beyond the control of Puntosloyalty, which imply that the Site or the computer platform is not operational for a certain period of time.
In such cases, Puntosloyalty seek to restore the Site and the computer system as quickly as possible, without this can be imputed any kind of responsibility. Puntosloyalty does not guarantee the availability and continuity of operation of the Site nor that at any time and time, users can access the promotions and offers of the Site.
Puntosloyalty is not responsible for viruses or other elements in electronic documents stored in the computer systems of users. Puntosloyalty not liable for damages caused to the Customer, arising from improper use of the technologies made available to it, whatever the form in which these technologies are used improperly. Puntosloyalty not liable for damages caused to the Site by the improper use and bad faith of Users and / or Buyers. However, in the event of a double payment by a User or Buyer on the Site, Puntosloyalty will return the amount of the overpayment, within 3 days of receipt of the respective written claim of the User or Buyer, in which the originals of the vouchers of the additional payment to what was purchased are attached.
In Login, registration and communication with Puntosloyalty uses digital security certificates (SSL), in order to encrypt communication. Puntosloyalty does not manipulate or store financial data of its customers.
In any case, the responsibility of Puntosloyalty, contractual, extra-contractual or legal, with users, buyers or visitors to the Site will not exceed the price actually paid by the buyer in consideration for the coupon, without prejudice to what the Courts of Justice determine.
Twelfth. INTELLECTUAL PROPERTY:
It is expressly stated that the intellectual, commercial, and industrial property of the content, designs, graphics, systems, including hardware and software, on which this Contract is based are the exclusive property of Puntosloyalty. You can not use meta tags or any other “hidden text” that uses the name of Puntosloyalty without prior written permission of this company. It is also strictly prohibited copying, reproduction, adaptation, modification, distribution, marketing, public communication and / or any other action that involves an infringement of current regulations in Peru and / or internationally on intellectual property and / or industrial, as well as the use of the contents of the Site without the express prior written permission of Puntosloyalty.
The Site is committed to respect the intellectual property rights of others. Therefore, if any person considers that his work has been copied in a way that constitutes a violation of their intellectual property rights, please contact our company to firstname.lastname@example.org
Thirteenth. BUYER’S AND/OR USER’S LIABILITY:
Users and/or Buyers are responsible for the information they register on The Site. Therefore, Buyers and / or Users are solely responsible to Puntosloyalty and third parties for the consequences that may arise from the use for illegal purposes or effects or contrary to this TCU of those data that are not true or reliable.
Likewise, they are exclusively responsible for the loss, misuse or unauthorized use of the coupon or its validation code, either by them or by third parties, after the purchase has been made in the manner expressed in the TCU.
Fourteenth. PERSONAL DATA:
Users and/or Buyers warrant that the information they provide for the purchase of the coupon is truthful, complete, accurate, current and probable. The data provided on the Site will be part of the database of Puntosloyalty and will be used for the purposes of the contract, answer your queries, contact, etc..
Puntosloyalty presumes that the data have been incorporated by the owner or person authorized by him, as well as that they are correct and accurate. Users and / or Buyers with the acceptance of these TCU state that personal data provided through online forms on the website of Puntosloyalty can be used for subsequent offers and other than those offered on the Site.
Notwithstanding the foregoing, Puntosloyalty guarantees users the free exercise of their rights of information, modification, cancellation and blocking of their personal data established. Therefore, buyers may make requests that are related to these rights, and within a maximum period of two calendar days, Puntosloyalty must respond and effectively implement this request.
Fifteenth. REPRESENTATIVES OF THE SUPPLIER:
To facilitate the sending of any submission, inquiry or complaint about the use of this site or transactions made in it, and without prejudice to the powers of their other managers and attorneys, Puntosloyalty designates as representatives Mr. Richard Tapia, both available in the mail email@example.com
Sixteenth. APPLICABLE LAW AND JURISDICTION:
For all legal purposes arising from these Terms and Conditions, the domicile of the User and Puntosloyalty is fixed in the city and commune of Cajamarca, and are subject to the jurisdiction and competence of its Ordinary Courts of Justice, the knowledge and resolution of all kinds of problems or inconveniences that may arise from the use of the platform owned by Puntosloyalty or interpretation, compliance, breach, validity, invalidity or enforcement of the rights and obligations contained in this document.
Seventeenth. CLUB Cuponatic:
If the customer buys 10 coupons in Puntosloyalty and these purchases are included as part of the promotion to purchase coupons, your current account will be charged Puntosloyalty fifty percent of the average amount of the 10 coupons purchased.
Example: If the customer buys 10 coupons in Puntosloyalty, and each has a value of $ 5,000, and these coupons are included as part of the promotion to purchase coupons, Puntosloyalty will charge $ 2,500 (500 * 5) to the customer’s current account Puntosloyalty. The example is merely referential, and is not limited to the same situation.
For the purposes of these terms and conditions, “actually paid” means what was actually paid in money, and therefore, does not count the use of credit bags, gift cards or other equivalent that is not money except for purchases made with current account Puntosloyalty, the latter means of payment if it is considered to add coupons in the program.
Example: if the customer bought a coupon of $5000 but used $3000 in gift cards or bags of credits then only 1 coupon is counted for $2000.
Example 2: if the customer purchased a $5000 coupon and paid $5000 with gift card or credit bags then no coupon is counted towards the prize. The example is merely referential and is not limited to any one situation.
For purposes of these terms and conditions, 1 coupon is considered a purchase made as of the program launch date of only an individual product or service. For example a coupon valid for 10 sessions of a service, generates only 1 coupon related to this promotion. The example is merely referential, and is not limited to a single situation.
Travel purchases with airline tickets or cruises will not be considered. Neither will be considered within this promotion, the travel coupons that exceed the value of $ 400,000.
Purchases of contests where the customer buys a coupon with a value of $0 to participate for a prize will not be considered. Returned coupons will not be considered. Refunds for purchases made with the prize of Puntosloyalty Club will only be returned in current account Puntosloyalty.
Puntosloyalty reserves the right to remove a user from the program in case of observing any use, or attempted use, malicious or fraudulent use of it. In conjunction with the above, reserves the right to initiate all appropriate legal action.
To determine the value of a coupon will be taken into consideration the value of the product actually paid, and does not include the value of dispatch of the same.
Only up to three coupons of the same product will be counted in the same purchase. Example: if a customer brings 30 of the same products in the same purchase, 3 prizes will not be generated, only 3 coupons will be counted for the prize.
The example is merely referential, and is not limited to a single situation.
The client has a period of 180 days to comply with the purchase of the 10 coupons, that is to say, only the coupons that were purchased between the first purchase in which this promotion was applied and the 180 subsequent days will be counted. The range is mobile, coupons will be disappearing.
- Coupon 1 purchased on June 5, 2016.
- Coupon 2 purchased on June 6, 2016
- Coupon 3 purchased on June 7, 2016
- Case a) if we are at December 1 the three previous coupons count for the prize, since December 1 minus 180 days is June 4, 2016.
- Case b) if we are at December 3, only two coupons count since the one purchased on June 5 is out of the established range.
The example is merely referential, without being limited only for an equal situation.
If one of the coupons counted for the prize is invalidated (e.g., a purchase is returned), that coupon is automatically removed from the program and will not be counted for the prize.
If the amount of the prize was already charged to the current account Puntosloyalty of the client, and any coupon of those who participated for the award of the prize is invalidated, a charge will be made to the current account Puntosloyalty of the client with the amount proportional to the coupon that was invalidated.
Example: the customer makes 9 purchases in Cuponatic of $5000, and 1 a purchase of $ 10,000, therefore, your prize is 250 * 9 + 9 + 1000 = $ 2,750. If after delivery of the prize the customer, for any reason, requests the return of the coupon of $ 10,000 will be charged $ 500 to the current account Puntosloyalty, ie, we will deduct the amount of the prize obtained by this coupon that was finally returned. The example is merely referential, without being limited only for an equal situation.
Puntosloyalty reserves the right to make all necessary changes to the loyalty program for its proper functioning.
The program will accept participants until December 31, 2016. A participant is considered to be a customer who has purchased a coupon between the launch date and the end date determined above and who has accepted the rules of the program.
The prize will be credited to the customer’s Puntosloyalty checking account up to 60 business days after the purchase of the tenth coupon.
A Prize Wildcard is a $0 value coupon that is added to your participating coupons and works as follows:
If the customer has 9 purchases of 10,000 and purchases a Prize Wildcard then the amount to be earned is as follows:
- prize= ($5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $5,000 + $0)/10
- Prize= $4,500
The example is merely referential and is not limited to a single situation.
A maximum of up to 3 Wild Cards per prize may be used by the same customer. A Wild Card cannot be used as the first coupon of the ten necessary to obtain the prize, i.e., it is required to have at least one coupon purchased normally and valid for Puntosloyalty Club before using a Wild Card.
Puntosloyalty reserves the right to remove a user from the program in case of observing any use, or attempted use, malicious or fraudulent thereof. In conjunction with the above, reserves the right to initiate all appropriate legal action.