Terms and conditions

1. Introduction

1.1. SERVICIOS GENERALES LUYA SAC (“LUYA”, hereinafter), creates the website “www.luya18k.com”; Likewise www.luya18k.myshopify.com and the two sites are summarized as luya18k (the “Website”, hereinafter), in order to offer its products and/or services, detailed throughout this document to Users and Subscribers.

1.2. The terms and conditions described in this document (hereinafter the “Terms and Conditions”) regulate all access, entry, operation, reservation, purchase, transaction, subscription and/or any other action carried out by Users and Subscribers on the Website.

1.3. Careful reading and review of the Terms and Conditions is necessary in order to understand the products, services, prizes, restrictions, and other relevant information offered on the Website.

2. Definitions

2.1. For the purposes of the Terms and Conditions, the most important concepts that must be taken into consideration are listed below:

• a. User: natural person, 18 years of age or older residing in Peru or natural persons from other countries, considered to be of legal age in their respective jurisdiction, who buys in the virtual store of the Website, accepting the Terms and Conditions at the time of the purchase process.
• b. Subscriber: natural person, 18 years of age or older residing in Peru or natural persons from other countries, considered to be of legal age in their respective jurisdiction, who registers on the Website, having previously accepted the Terms and Conditions, and has an active monthly subscription on the Website.
• c. Account: is an account on the Website, created by a User or Subscriber of the Website.
• d. Website: These are our websites www.luya18k.com and www.luya18k.myshopify.com
• e. Virtual store: section of the Website focused on sales to LUYA Users and Subscribers (hereinafter, the “Products”).

3. Scope of application

• 3.1. The Terms and Conditions constitute a binding agreement between the User and LUYA. By purchasing the Products and clicking “I ACCEPT THE TERMS AND CONDITIONS”, the User acknowledges having reviewed, read, understood, and expressly accepted the Terms and Conditions, and consequently agrees to their strict and complete compliance.
• If the User does not agree with the Terms and Conditions in whole or in part, the User will not be able to complete the purchase process in the Virtual Store.
• 3.2. Upon creating a User or Subscriber account on the Website and clicking on “I ACCEPT THE TERMS AND CONDITIONS”, the User or Subscriber acknowledges having reviewed, read, understood and expressly accepted the Terms and Conditions, and consequently agrees to their strict and complete compliance.
• Likewise, by accepting the Terms and Conditions, the User or Subscriber declares that they acknowledge, review, read, understand and accept the LUYA Appreciation Awards Regulations (hereinafter the “Regulations”).
• If the Subscriber does not agree with the Terms and Conditions in whole or in part, they will not be able to purchase from the Virtual Store, create an Account, or consequently participate in the LUYA prizes specified in the Regulations.
• 3.3. LUYA may modify these Terms and Conditions in whole or in part. If this occurs, the Subscriber will be notified of the modifications through publication on the Website for their acceptance. If the Subscriber does not agree with the modifications, LUYA will suspend the use of the account.
• 3.4. The modifications to the Terms and Conditions will take effect at the time they are published on the Website, and the User is solely responsible for reading, understanding and accepting them.
• 3.5. In addition to the Terms and Conditions, the privacy policy and processing of personal data and the Regulations for the appreciation awards, as well as any other information that LUYA considers important, are offered on the Website.

4. Subscriber Registration

• 4.1. Registration on the Website is exclusively for natural persons aged 18 or over residing in Peru or natural persons considered to be of legal age in their respective jurisdiction, provided that they have the legal documentation that proves it, in case of doubt, LUYA will not accept the registration.
• 4.2. Under no circumstances will the registration of natural persons who have not reached the age of majority in Peru or in their respective jurisdiction be accepted.
• 4.3. The Subscriber agrees to register their account with truthful, valid, correct and complete data. If these Terms and Conditions are not met, LUYA reserves the right to block, suspend or close the account, as well as cancel any prizes and benefits that may have been generated.
• 4.4. Only one account per individual is allowed. If LUYA detects cases of multiple account creations or identity theft, LUYA reserves the right to block, suspend or close the account, as well as cancel any prizes and benefits that may have been generated.
• 4.5. LUYA is authorized to carry out verification processes itself or through third parties, if it has indications that the information entered is misused, incorrect or false, for which it may block, suspend or close the accounts of the offending Subscriber.
• 4.6. LUYA is not responsible for any abuse or misuse of the Subscriber's account by third parties. Should the Subscriber become aware of any unauthorized use of their account by third parties, they must immediately notify LUYA by writing through the support page with the subject line "Unauthorized use of my account," in order to suspend the account. However, LUYA will in no case be liable for the repercussions caused by such an event.
• 4.7. Likewise, any operation or transaction carried out in the Subscriber's account, using the correct Subscriber password and name, will be considered by LUYA as a valid payment by the Subscriber.

5. Obligations as a User and Subscriber

• 5.1. Upon acceptance of the Terms and Conditions, the User guarantees and acknowledges the following:
• a) That he/she is 18 years of age or older residing in Peru or another natural person considered to be of legal age in his/her respective jurisdiction, and that he/she has no legal impediment to generate operations on the Website.
• b) That you use the Website exclusively with the intention of purchasing Products offered by LUYA and not for any other purpose.
• c) That he/she buys LUYA Products, in his/her own name and not on behalf of third parties.
• d) That all information provided to LUYA during the term of this contract is true, valid, correct, and complete. Should any change to this information be necessary for any reason, the User must update it immediately. The User understands that the information provided will be used to deliver the purchased products; therefore, the User bears full responsibility for providing LUYA with accurate information.
• e) That all payments made by the User to LUYA do not originate from prohibited and/or illegal sources. Furthermore, LUYA may initiate the relevant legal and commercial actions.
• f) That he is not involved in any fraudulent, abusive, manipulative or illegal activity and will not use software-assisted methods, techniques and/or hardware devices for any purpose other than the purchase of Products offered by LUYA. If any indications of this are detected, LUYA reserves the right to block the access of the offending User, as well as invalidate and render their purchase processes ineffective.
• 5.2. Upon acceptance of the Terms and Conditions, the Subscriber guarantees and acknowledges the following:
• a) That he/she is 18 years of age or older residing in Peru or another natural person considered to be of legal age in his/her respective jurisdiction, and that he/she has no legal impediment to generate operations on the Website.
• b) That you use the Website and your Subscriber Account exclusively with the intention of participating in the prizes and purchasing Products offered by LUYA and not for any other purpose.
• c) That he/she participates in the LUYA awards, in his/her own name and not on behalf of third parties.
• d) That he/she purchases LUYA Products, in his/her own name and not on behalf of third parties.
• e) That all information provided to LUYA during the term of this contract is true, valid, correct, and complete. Should any change to this information be necessary for any reason, the Subscriber must update it immediately. The Subscriber acknowledges that the information provided will be used to deliver prizes should they win any event specified in the Rules. Therefore, the Subscriber bears full responsibility for providing LUYA with accurate information.
• In addition, the Subscriber is aware that the information entered will serve to make the delivery of the purchased Products effective, therefore, the Subscriber bears full responsibility for informing LUYA of the correct information.
• f) That all payments made by the Subscriber to LUYA are not from prohibited and/or illegal sources. Furthermore, LUYA may initiate the relevant legal and commercial actions.
• g) That he is not involved in any fraudulent, abusive, manipulative or illegal activity and will not use software-assisted methods, techniques and/or hardware devices to participate in any of the prizes. If any indications of this are detected, LUYA reserves the right to block, suspend or close the account of the offending Subscriber, as well as invalidate his participation in the prize(s) in which he participates.
• h) You agree to maintain decorum and respect with other attendees, whether it is the process of participating in the LUYA awards or the face-to-face/virtual events that LUYA may carry out, agreeing not to carry out any type of improper behavior that intimidates other participants.
• 5.3. The User agrees to fully indemnify LUYA for any damage, loss, and/or expense incurred by LUYA, due to causes attributable to the User, that may arise in connection with the use of the Website and its purchase processes.
• 5.4. The Subscriber agrees to fully indemnify LUYA for any damage, loss, and/or expense incurred by LUYA due to causes attributable to the Subscriber, which may arise in connection with the use of the Website and their participation in the prizes offered or in their purchase processes.

6. Closing the Subscriber Account

6.1. LUYA reserves the right to block, suspend, or close any Subscriber account that violates these Terms and Conditions. LUYA also reserves this right if the Subscriber violates or acts against the law, public decency, and/or public order. Furthermore, LUYA may initiate any legal action it deems appropriate.

7. Online store

• 7.1. Through the Website, the User or Subscriber will initiate the process of requesting the purchase of LUYA products by issuing a purchase order. All purchase orders will be subject to validation by LUYA to finalize the purchase.
• 7.2. If LUYA verifies the purchase order, the User or Subscriber will be notified of the order status via email. LUYA reserves the right to change and/or cancel the purchase order status at any time if it detects any type of fraud or violation of the Terms and Conditions. This cancellation may occur at any time up until the product is delivered.
• 7.3. Once the purchase is made, the product will be manufactured. The estimated manufacturing time is 4 to 15 business days. The total time will be the sum of the manufacturing days and the shipping time to the destination city/province. If your order is urgent, you can contact us via WhatsApp at 944227778 to arrange it sooner.
• 7.4. LUYA will offer Products to Users and reserves the right to offer exclusive Products to Subscribers.
• 7.5. Products offered on the Website may only be paid for using the “Niubiz” or “Izipay” payment gateway (“Niubiz” or “Izipay”). The exchange rate that may apply to Users not residing in Peru is based on the exchange rate set by Niubiz or Izipay.
• 7.6. LUYA is not responsible for variations in the exchange rate, commissions, delays in payment processing, or excess charges from Niubiz or Izipay.
• 7.7. The corresponding generation of receipts and invoices will be carried out through the SUNAT platform
• 7.8. Our designs are manufactured by experienced artisans, but as with all handmade work, there may eventually be details that make the jewelry unique.

The combination of craftsmanship and technology results in unique pieces of jewelry. The digital content displayed may differ from the physical jewelry; naturally, there is no comparison to the brilliance and beauty it reflects when you hold it in your hands.

Due to differences in light and screen settings, the color of the jewelry may be slightly different from the pictures.

• 7.9. Delivery acceptance is considered complete upon receipt of the product by the User or Subscriber. This implies that the User or Subscriber is satisfied with the condition and characteristics of the delivered product.
• 7.10. The condition of the products will be the sole responsibility of the User or Subscriber once they have been delivered or made available to them. Delivery of the Products sold on the Website will be made to the residential address previously provided by the User or Subscriber; however, LUYA reserves the right to reconfirm the delivery address.
• 7.11. The shipping cost will be charged to the User or Subscriber at the time of purchase and the delivery of the products is limited to the Peruvian territory.

8. Shipping, returns and cancellations

• 1. Delivery will be made to the address indicated by the customer. The person receiving the order must have their physical ID and sign the courier's receipt and the delivery note. The person receiving the product is responsible for checking the packaging before the carrier leaves. If you authorize a person to receive the product in your absence, it is essential that they have their ID during the delivery (products will not be delivered to minors).

Office deliveries will only be made to the person who placed the order (or a person they have previously arranged to pick it up), and they must present their physical ID and shipping code (if applicable). Shipping details will be provided upon order confirmation. Delivery time varies depending on the destination (1 to 4 business days).

• 2 We are confident that you will be more than satisfied with your purchase; however, if any product you receive does not meet your expectations, don't worry! You can return the item within seven days of receipt. The buyer must pay for return shipping.

For any return, a non-refundable restocking fee of 30% of the purchase price will be applied. This fee covers shipping and some manufacturing costs. Each ring or other piece of jewelry, unless otherwise specified, is custom-made to order with your desired variations: design, wax, mold, casting, polishing, and gem setting. Refunds will be processed once the products are returned to us in their original condition. This policy is standard for all customers and all custom-made jewelry items. Custom designs were created especially for you and are therefore not eligible for refund or exchange. All returns must be authorized by us, and the item must be free of damage and alterations. Please contact us by clicking the live chat icon or emailing us at joyeria@eter18k.com or via WhatsApp at +51 944227778 before returning your item so you can receive return shipping instructions. If an item is deemed to be defective due to our manufacturing, we will gladly replace or repair it at no additional cost or shipping charges.

• 3. Generally, all custom jewelry, engravings, and special orders will be sent to production 8 hours after payment is received. Therefore, any cancellations after that time will incur a processing fee.

See details below:

If the cancellation is made less than 8 hours after the order was placed, there will be no cancellation fee.

If the cancellation is made between 8 and 24 hours after the order was placed, a 10% cancellation fee will apply.

If the cancellation is made 24 hours after the order was placed, there would be a 30% cancellation fee.

9. Subscribers

• 9.1. To become a Subscriber, you must have an active subscription, which must be paid monthly (monthly subscription), semi-annually (subscription every 6 months), or annually (subscription every year) through the Website. The current cost of the Subscription is detailed below:
• S/ 3.00 (Three and 00/100 soles) Monthly
• S/ 15.00 (Fifteen and 00/100 soles) Semiannual
• S/ 30.00 (Thirty and 00/100 soles) Annual
• Payment must be made through Niubiz, Yape or Plin.
• As a subscriber, you will be automatically billed once every 30 days, 6 months, or a year, as this is a recurring payment, starting from the date of your first payment if you chose to pay by debit or credit card through Niubiz. Your LUYA subscription fee is charged at the beginning of your billing cycle and may take several days to appear in your account. It is the subscriber's responsibility to keep their payments up to date. Your billing date may be one day earlier or later due to time zone differences.
• If you paid directly to Yape or Plin, you have to do it again according to the subscription time you want and you have to send the payment voucher for its respective registration to WhatsApp: 944227778.
• If payment cannot be processed due to reasons not attributable to LUYA (insufficient funds, card expiration/cancellation, etc.), the account will remain active; however, the Subscriber will not be able to participate in exclusive subscriber prizes and other exclusive benefits until the payment is regularized.
• In order to regularize the subscription payment, Niubiz will send a message up to 7 times.
• The Subscriber accepts and understands that LUYA has the power to close the account and delete all information stored in the database, including their activity within the platform, after 12 months of account inactivity.
• 9.2. LUYA is not responsible for variations in the exchange rate, commissions, delays in payment processing, or overcharges by Niubiz.
• 9.3. The corresponding generation of receipts and invoices will be carried out through the SUNAT platform.
• 9.4. Being a Subscriber brings exclusive benefits such as participation in subscriber-only prize draws and discounts on Products. LUYA reserves the right to expand these exclusive subscriber benefits. Subscribers may not transfer their membership. To enjoy exclusive product discounts, a minimum of 3 consecutive months of subscription is required.
• 9.5. LUYA is authorized to use additional procedures and/or means to verify the identity of the Subscriber, as a security measure when registering on the Website and when making payments for subscription renewal.
• 9.6. When Subscribers accept the terms and conditions, they accept and are aware that there will be mandatory emails, such as those related to communicating that they have won a prize and/or purchase confirmation emails.

10. Appreciation awards and awards ceremony

• 10.1. The mechanics, restrictions, conditions and requirements of the prizes for Subscribers are specified and detailed in the Regulations. By accepting the Terms and Conditions, the User declares that they acknowledge, have reviewed, read, understood and expressly accepted the Regulations.
• 10.2. With regard to the delivery of the prizes, the Subscriber undertakes to follow the corresponding legal procedure for the delivery of the same specified in the Regulations.

11. Privacy Policy

• 11.1. The User or Subscriber may not use the Website illegally or in any other way that could damage, disable or harm it.
• 11.2. The User or Subscriber authorizes LUYA to use their personal information for the commercial purposes it deems appropriate in accordance with section 4 of the Terms and Conditions.
• 11.3. LUYA will be authorized to provide the personal data entered by Users or Subscribers, if required by law or court order.
• 11.4. LUYA, through its Website, collects a small piece of information sent from your browser, called a cookie. If the User or Subscriber wishes to disable the cookie, they should check their browser's instructions.

12. Claims, complaints and/or suggestions

If the User or Subscriber has a complaint, claim and/or suggestion regarding the products and services offered by the Website, they can do so via WhatsApp: 944227778.

13. Limitation of liability

• 13.1. The Subscriber is solely responsible for their actions and the consequences thereof; therefore, participation in the prizes is at their own risk. LUYA offers no guarantees of any kind.
• 13.2. LUYA does not guarantee that the Website software is compatible with all browser versions.
• 13.3. LUYA does not guarantee that the software and website are error-free.
• 13.4. LUYA does not guarantee that the Website will be accessible without interruptions.
• 13.5. LUYA will not be liable for any loss, costs and/or expenses, expenses or damages, whether direct or indirect, special, consequential, incidental or otherwise, arising in connection with the use of the Website.

14. Breach

• 14.1. If the User fails to comply with any provision of the Terms and Conditions or is involved in illegal, suspicious and/or fraudulent activities, LUYA may block the User's access, as well as invalidate their purchase processes.
• 14.2. If the Subscriber fails to comply with any provision of the Terms and Conditions or is involved in illegal, suspicious and/or fraudulent activities, LUYA may block, suspend or close the account of the offending Collaborator.

15. Intellectual property

• 15.1. The User may not infringe upon the intellectual property rights of the software that LUYA makes available to them. In this regard, the User may only use the software for their personal use in accordance with all the rules, terms, and conditions set forth herein.
• 15.2. All content available on the LUYA Website, including designs, text, graphics, charts, videos, information, and other materials, is the exclusive property of LUYA and its licensors, if applicable. No content may be modified, copied, distributed, framed, reproduced, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of LUYA.
• 15.3. Registration on the Website, the purchase of products and participation in the prizes does not confer any intellectual property rights in favor of the User.
• 15.4. LUYA reserves the right to initiate legal action against any User who makes illicit, improper and/or unauthorized use of the distinctive signs of the products, services and prizes, among other relevant information, offered on the Website.

16. Applicable legislation

• 16.1. Any other implications not foreseen in the Terms and Conditions will be governed by the applicable legislation in Peru.
• 16.2. The User agrees that any conflict or dispute arising with LUYA will be subject to the jurisdiction of the Courts and Tribunals of the Judicial District of Peru, expressly waiving any other jurisdiction that may apply.

17. Assignment of contractual position

LUYA is authorized to assign its contractual position and/or rights arising from this agreement without requiring the prior acceptance of Users or third parties, as the case may be.

18. Agreement

The Terms and Conditions described herein and previously accepted by the User, as well as any other electronic communication established with the User, the Subscriber or with third parties, may be used as evidence in judicial, administrative, arbitration or any other type of proceedings.

19. Our privacy policy

Please review our Privacy Policy here. 

20. Contact

If you have any questions, comments, or need more information about our terms and conditions, simply click on the live chat icon or contact us on WhatsApp: +51 944227778 .