I. Terms and Conditions:

Welcome to Frutika online of Frutika SRL. In the following you will find the general conditions of use of the services offered on the Site (hereinafter referred to as the "Service" and the "Terms of Use" respectively) that will govern the rights and obligations between the users (hereinafter referred to as "Users" and/or the "User") Frutika SRL especially recommends keeping a printed copy of the Terms of Use.

The parties acknowledge that this Agreement is entered into based on the limitations of liability set forth in the Terms and Conditions and that such limitations constitute an essential element of the negotiations between the parties.

By accessing the Site, the User declares to know, understand, and accept these Terms of Use. The Terms of Use, as well as their modifications, shall be effective immediately upon their publication on the Site. The use of the Site implies the User's knowledge and full acceptance of the Terms of Use.

If you do not agree to the Terms of Use or any changes or modifications to the Terms of Use, you should not continue any further using the Site.

II. Type of Service and Purpose of the Site

The Site has been programmed to constitute a virtual purchasing medium for the access of Users to the products offered by Frutika.

III. Users who can use the Site Services

The Services are only available to people who have the legal capacity to contract. The Services may not be used by people who do not have that capacity, minors or whoever registers a legal person as User, must have the capacity to contract on behalf of such entity and to bind it in the terms of these Conditions of Use .

IV. Use of the Services

The User, whether registered or "guest", declares that the information provided when submitting the registration request will be accurate, correct, and current and undertakes to inform Frutika immediately and reliably of any change, being in turn fully liable to Frutika for any damages that the breach of this obligation may cause, including but not limited to costs of physical location of the User, costs of summons and citations, etc.

The User agrees that he/she will use the Services exclusively for the purposes stipulated in a) the Terms of Use and b) any applicable rule or regulation of a municipal, departmental, or national nature, including but not limited to laws, decrees, ordinances, resolutions, directives, etc.

The User agrees not to reveal his or her password to third parties who are not authorized by the User to access the Site's Services.

The User will have to notify immediately to Frutika about any unauthorized use of his password or account of which he has knowledge, through the Site. Such notification will have to be made through the Site and, additionally, sending a note to the address of Frutika having to specify in both cases and in detail all the information with which it possesses regarding the unauthorized use of his password.

V. Scope of application

These Terms of Use are applicable to any of all sales of products and / or services to be made by Frutika SRL within the Republic of Paraguay. The realization of an order supposes the hereby express acceptance of the User to the present Conditions of Use.

By accepting these Terms of Use, registering as a User or logging in as a "guest, you state under oath and certify that you are 18 years of age or older. If you do not agree to (or cannot comply with) any of the rules of the Terms of Use, please do not use the Site. All information provided when operating the Site must be accurate and truthful. Providing inaccurate or false information is a serious violation of these Terms of Use. By confirming your order at the end of the process of a transaction, the User agrees to accept the items purchased and pay its price, confirming with Frutika, a contract of sale of goods.

Frutika SRL, may decide, freely and voluntarily, if it wishes not to celebrate the Contract based on the laws governing the matter, including but not limited to the prevention of money laundering and / or other laws, regulations and / or internal policies.

VI. Third-party references

Any references on the Site to names, marks, products, or services of third parties, or hypertext links to third party Web sites or information are provided solely as a convenience to the User and do not constitute or imply any endorsement, sponsorship or recommendation by Frutika SRL with respect to the third party, its information, products or services. Frutika SRL has no control over the practices or policies of such third parties, neither over the content of any third-party Web sites and makes no representations or promises regarding third party products or services, or regarding the content or accuracy of any material hosted on such third-party sites. If the User decides to browse or follow a link to any such third-party Web sites, the User assumes sole risk and liability.

The USER agrees a) that all information provided by Frutika SRL, is exclusive property of Frutika SRL and / or its software suppliers, developed to promote their goods and services or goods of third parties; b) that this information is intended for the purpose of buying and selling products online; c) that the content of the Site may be changed without notice to the Customer; c) that the contents related to the Site, media players, graphic contents, texts, videos, and/or all published information shall be the exclusive property of Frutika SRL, and shall be subject to its sole discretion d) that all information contained in the Site may be modified at any time, without the need for approval or prior notice to the Client. -

VII. The way to make purchases, prices, and deliveries.

1. The Customer will be able to carry out the online Purchase and Sale of products offered by Frutika through the System, in the quantities, prices, qualities of the products offered.

2. All prices include VAT

3. Sales and Purchases may only be made with a minimum amount of Gs.100,000 (guaraníes one hundred thousand).

4. The delivery cost of each order will be of Gs.15.000 (Guaraníes fifteen thousand), as long as the place to which the order is to be sent is within Asunción, Fernando de la Mora, San Lorenzo, Lambaré, Villa Elisa, Luque. If the order exceeds the limits of the above-mentioned coverage area, being these Capiatá, Mariano Roque Alonso, Ñemby, the delivery cost will be Gs. 20,000 (Guaraníes Twenty thousand). Likewise, if they are sent to the coverage area of Itá, San Antonio, Villeta, Nueva Italia, Ypacaraí, Itauguá, Limpio, Guarambaré, Ypané, Areguá, J. Augusto Saldivar, the delivery cost will be Gs. 25,000 (Guaraníes 25,000). If they correspond to the interior of the country in general, the delivery cost will be Gs. 30.000 (Guaraníes Thirty Thousand).

5. The availability of the products offered on our website www.frutika.com.py is subject to the daily movement of stock, so that the product purchased may not be in stock at that time, as well as may be subject to price changes in promotional products.

6. Frutika SRL is only responsible for the delivery of the products offered, identified under the registered trademarks. Consequently, the characteristics and qualities of such products are the responsibility of the manufacturer, the importer or, eventually, of the one in whose name the sanitary registration of food has been made at INAN, in accordance with the law.

7. The Sale and Purchase of alcoholic beverages by minors under 20 years of age is prohibited, according to the law 1642/2000, being the responsibility of the User to inhibit himself/herself from making the Sale and Purchase in such case.

8. The prices and offers of the products chosen at the time of purchase will be fixed at the time the order is delivered. The only possible variations in prices may occur in those products that are sold by weight, quantity or as a result of additions or changes of items after the order is processed, as well as orders that are on promotion and that the promotion is over on the day of delivery.

9. The User may modify or change the order up to 15 minutes after placing the order.

10. Modifications in quantity, quality or weight will be invoiced at the price at the time the order is delivered. - Products from the original order that are removed from the original order and recharged will be invoiced at the price and conditions associated with the modified order at the time of delivery.

11. The products purchased can only be returned or exchanged within a period of no more than 5 days of receipt of the order, and with the presentation of the invoice issued by Frutika SRL. Perishable foods, such as fruits and vegetables will not be exchanged if they have any imperceptible defect prior to cutting of such products. Returns or exchanges will always be valid only through the phone number +595 991 717977.

12. Once the order has been placed, the User may cancel it by contacting the Call Center within 15 minutes of requesting it. The Customer may request the reimbursement of the amount by a) offsetting it up to the amount paid with another order or; b) requesting a refund through credit to the credit card used. - is not applicable.

13. The purchased products will be delivered by Frutika SRL to the Customer within the period of time selected by him/her -.

14. Some of the images of the products used in this page are merely referential. Therefore, when the customer receives the merchandise, if he/she is not satisfied with it, he/she may reject it.

VIII. Replacement of product

If the purchased good is not available, the customer may be supplied, without price increase, a product of similar characteristics that has the same or higher quality than the one requested. The customer must be informed of this situation and should expressly accept it, otherwise he may exercise his right of withdrawal and recover the amount paid.

In the following cases, refunds will be made:

A- Product exchange (due to breakdown or deterioration).

B- Exchange the product for a higher value, the customer must pay the difference. To change the product for the same brand, another color or size. The customer must indicate on the website, the return request according to the purchase history of your profile (On the same day of delivery of the order, in case of perishable product, and up to 5 days in case of non-perishable product).

A. Quantity of items to be returned

B. Reason for return.

Refund for returned or exchanged products.

Important: To exchange or return a product, the original packaging and labels must be preserved, and the purchase invoice must be presented. These requirements are essential.

IX. Payment and Billing.

Payment for the Purchase and Sale may be made on the web via Bancard's virtual pos, in local currency, in cash at the time of delivery of the products, or by credit card, against delivery with the corresponding legal invoice issued when payment is made against delivery of the product.

For payment via credit card, the User or a third party on his behalf must present his identity card.

The data required for payment via credit card are encrypted for the security of the one who pays the Purchase and Sale, guaranteeing Frutika that such data are not stored.

Orders completed and not paid authorize Frutika, -unilaterally and without the need of proof- to cancel the User as such and to block its access to the System.

If the user needs to discriminate VAT must register their tax information before confirming the order, in the form provided for this purpose. Frutika SRL is a withholding agent, so there may be cases in which perceptions, rates and / or taxes set by the competent authorities are included in the billing to registered responsible. In addition, at the moment of receiving the order, the corresponding proof of VAT registration (copy) must be given to the delivery person.

X. User prohibitions and responsibilities

1. The User is strictly forbidden to exploit in any way the information acquired through the Site. The User may not reproduce the texts or images of the advertisements for purposes other than his own personal reminder.

2. The User agrees to assume any contractual or extra-contractual liability arising from acts as User of the Site and agrees to hold harmless Frutika SRL, with respect to and against any claim by third parties, arising from or related to the improper use of the Site or the violation of the present Terms of Use and their respective amendments, or arising from such use and / or because of any comment posted by the User on the Site.

3. The User shall not perform the following actions or authorize or incite any third party to do so: a) falsify, alter data or send fraudulent orders on behalf of himself or a third party. Attempt to reverse engineer; b) attempt to edit, modify, filter, truncate or change the order of the information contained in Frutika's site; c) track, use a "spider crawler", search, index or, on a non-transitory basis, store or cache information obtained from the session with Frutika or with the Site; d) act in a manner that violates any of the Privacy Policies; e) distribute malicious software; f) create a new account to use the System after Frutika has terminated the Agreement with the User; or g) engage in any activity or practice that negatively affects Frutika's image or that discredits or undermines Frutika's reputation or goodwill.

4. Only the User shall be responsible for correctly carrying out the online purchase operations involving his ability, the configuration of his PC, Internet access or any other variant that influences the result of the Purchase, committing himself to use the System in the best way, in good faith, with reliable and truthful information.

5. Frutika shall not be responsible regarding any circumstance related to Internet connection costs, loss of goods, loss of profits and/or any damage that may arise from the utilization of the System.

XI. Termination

The User may cease to use the System and be a Registered Customer and may terminate the Agreement, with or without cause at any time, by deleting and removing any proprietary information of Frutika SRL. From his/her PC, code or any software provided by Frutika SRL or its technology provider, as applicable.

Fraudulent operations, attempts to and/or multiple accesses to the site in a malicious manner by the same person or entity, Frutika SRL will proceed to the immediate cancellation of its registration or user, as well as to make the relevant legal complaints to the national authorities, in accordance with the dispositions of the regulations in force in the Republic of Paraguay.

XII. Confidentiality

Frutika SRL is the sole responsible for it, and in no case the data provided will be given to third parties, being such information completely confidential, between the user and Frutika SRL, unless the information is required to Frutika SRL by a court order or by a competent governmental authority.

The User acknowledges that it has the right to access its personal data free of charge at intervals of no less than six months, unless it can prove a legitimate interest, and also that it has the right, if necessary, to rectify and/or delete such data.

The User agrees not to disclose Confidential Information of Frutika SRL without its prior written consent. Confidential Information includes, but is not limited to: a) all software, technology, programming, specifications, materials, guidelines and documentation of Frutika SRL or its technology provider related to the Purchase and Sale; b) discount percentages, rates, credit formulas, exclusive promotions or other statistics related to the Purchase and Sale, which Frutika SRL has provided to you; and c) any other information that Frutika SRL qualifies in writing as "Confidential" or other equivalent designation.

Frutika SRL does not guarantee a) the level of confidence and security of the use of the Site, browsers, public or private PCs, considering the potential viruses that may exist in the Client's access PCs; b) that the System will be operational at all times or throughout any period of inactivity (l) due to service interruptions in any Internet connection line, network or public server, (ll) generated by any failure of your equipment, systems or local access services, (lll) due to previously scheduled maintenance tasks or (lV) related to events that are or are not under the full control of Frutika or its technology providers, such as but not limited to strikes, riots, insurrection, fires, floods, explosions, war, acts of government, labor circumstances, earthquakes, natural disasters or interruptions in Internet services in an area in which Frutika SRL's or Customer's servers are located or hosted; c) nor compensation for damages caused by force majeure or fortuitous event.

XIII. Trademark, advertising, and intellectual property rights.

All the elements, including images, texts, illustrations, icons, logos and isotypes, photographs, programs, animations, any music, melody, video clip and any other element that is part of the Website is only intended for the marketing of products by Frutika SRL, and it is prohibited any reproduction, modification, or distribution of them.

Frutika SRL will own all comments, suggestions or ideas provided by the User.

XIV. Applicable law, dispute resolution, procedural measures, and legal notification

This Agreement shall be governed by and construed in accordance with the laws in force in the Republic of Paraguay. Any conflict related to this agreement or to the use that the User makes of this Site will be resolved by the competent ordinary courts according to the legislation in force and applicable law to the existing consumer relationship between the parties. In the event that such legislation does not define a specific jurisdiction, the ordinary national justice in commercial matters with seat in the City of Asuncion shall be competent, this provision being applicable even if the User was actually domiciled outside the limits of the City of Asuncion or the Republic of Paraguay, as this place is understood to have been the place of conclusion of this agreement. Law 4368/13 and its Regulatory Decree 1165/14 and the Authority of Application which is the Ministry of Industry and Commerce.

If not otherwise agreed previously and in writing signed between the User and Frutika, all the notifications that are made to the users in relation to the present Conditions of Use will be published in the Site and will have effect from the date of their publication. The notifications that the User wants to address to Frutika will have to be directed to Avda. Aviadores del Chaco 3230 casi Chacoré, Asunción city, where the registered address is established.

For any doubts regarding the Terms of Use or other policies and principles governing the Site, the User may make the consultations he/she deems appropriate by calling Frutika's Call Center (+595 21 662999) from Monday to Friday from 08:00hs. to 18:00hs.

XV. Información que es recogida

Nuestro sitio web podrá recoger información personal por ejemplo: Nombre, información de contacto como su dirección de correo electrónica e información demográfica. Así mismo cuando sea necesario podrá ser requerida información específica para procesar algún pedido o realizar una entrega o facturación.

XVI. Uso de la información recogida

Nuestro sitio web emplea la información con el fin de proporcionar el mejor servicio posible, particularmente para mantener un registro de usuarios, de pedidos en caso que aplique, y mejorar nuestros productos y servicios. Es posible que sean enviados correos electrónicos periódicamente a través de nuestro sitio con ofertas especiales, nuevos productos y otra información publicitaria que consideremos relevante para usted o que pueda brindar algún beneficio, estos correos electrónicos serán enviados a la dirección que usted proporcione y podrán ser cancelados en cualquier momento.

XVII. Eliminación de datos en Frutika Online

Para el proceso de eliminación permanente de la cuenta creada en frutikaonline.com para adquirir los productos de Frutika y otras marcas aliadas a la plataforma, se debe tener en cuenta:

Remitir al correo: marketing@frutika.com.py la solicitud de cancelación para la cuenta creada en la plataforma de frutikaonline.com

La solicitud será recibida y evaluada de manera interna, con el fin de dar la cancelación definitiva de la cuenta