Terms and conditions
1. Scope of application
The Terms and Conditions contained in this instrument will apply to all access, use, and utilization of the website www.dutties.com, as well as to all transactions involving purchases, service contracts, and any others made on said site by the general public, hereinafter indistinctly referred to as "the user," "the users," "the customer," and/or "the clients," in accordance with the provisions of the following sections.
The Terms and Conditions contained in this instrument will not apply to transactions and/or sales made in stores or establishments operated by the Dutties Branding and/or in associated businesses.
2. Applicable regulations
The use of the website www.dutties.com is governed by the Terms and Conditions described below, as well as by the current legislation, especially by Law No. 19.496, on Consumer Rights Protection; Law No. 19.628, On Protection of Privacy; Law No. 20,009, which Limits the Liability of Credit Card Users for Transactions Made with Lost, Stolen, or Robbed Cards; Law No. 19,223, which Defines Criminal Figures Related to Computers; its amendments and other applicable regulations.
The Terms and Conditions contained in this instrument will apply and will be understood to be part of all acts and contracts that are executed or celebrated through the offer and marketing systems included on the website www.dutties.com between the users of this site and the Dutties Branding, hereinafter indistinctly "Dutties", or "the provider"; and/or any other business related to it, subsidiary or affiliate that currently or in the future uses this site as an offeror of goods or services, unless the provider of the good or the respective service has defined, on its own portal, special Terms and Conditions pertaining to its own operation, in which case these last ones will take precedence.
3. User or client registration
To purchase products or hire services offered through the website www.dutties.com, it will be necessary to acknowledge and accept these Terms and Conditions. If the user decides to register as such on the website www.dutties.com, to complete the purchase process, this will constitute sufficient manifestation of acceptance and full knowledge of these Terms and Conditions.
If the client or user decides to register, they must provide true, reliable, and updated information. Notwithstanding the above, the user or client will enjoy the rights of information, rectification, and cancellation of their personal data, in accordance with the provisions of Law No. 19.628, On the Protection of Private Life.
The registration of each user will be verified by completing and signing the form contained on the website www.dutties.com and its subsequent electronic submission, which is done automatically. Every User or Client will enjoy all the rights granted to them by the consumer protection legislation in force in the territory of Chile, as well as those granted to them in these Terms and Conditions.
4. Secret key of the www.dutties.com
If the client or user decides to register as such on the website www.dutties.com, they will have a username and password or definitive key that will allow them personalized, confidential, and secure access to said site.
The user will have the option to change their access key, for which they must adhere to the procedure established on the respective site. By accepting these Terms and Conditions, the user declares their full knowledge and approval of the fact that their key registered on the site www.dutties.com is strictly personal to them and that, therefore, it is their sole and exclusive responsibility to maintain its confidentiality, with any delivery to third parties, their use of it, or the effects of this delivery or use, being acts and/or facts entirely unrelated to the will and responsibility of the Dutties Branding and/or of any provider related to it, which in no case shall imply an obligation for them to compensate for the damages arising therefrom.
5. Procedure for using this website
The mere visit to this site where certain goods are offered and access to certain services does not impose any obligation on the consumer, unless they have unequivocally accepted the conditions offered by the supplier, in the manner indicated in these Terms and Conditions. In the contracts offered through the website www.dutties.com, the Brand will inform, in an unequivocal and easily accessible manner, the steps that must be followed to enter into them, and will inform, when applicable, whether the electronic document in which the contract is formalized will be archived and whether it will be accessible to the consumer. The mere act of following the steps indicated on this site for making a purchase or contracting a service is equivalent to accepting that the Dutties Branding has indeed fulfilled the conditions contained in this number. It will also indicate your postal or electronic mail address and the technical means available to the consumer to identify and correct errors in the shipment or in their data.
6. Validity and validity of offers and promotions
All information about items and prices contained on the website www.dutties.com and, in general, all offers and promotions of products and services available on it, will remain valid as long as there is available stock and/or the said information has not been modified by Dutties.
Offers, promotions, and, in general, all conditions for the acquisition of a good or service will not grant users any rights, as long as the process for forming consent for the acquisition of said good or service has not been fully executed, in the manner established in the following number 11.
In this sense, the Dutties Branding at all times and without prior notice, to modify any information contained on this site, whether related to products, items, services, prices, stock or inventory, and other conditions, in general. However, this authority shall not affect, under any circumstances, the rights of consumers acquired in accordance with the provisions of the following number 11, under the conditions in force at the time the consumer accepts the offer.
The offers and promotions contained on the website www.dutties.com will only be valid, effective, and applicable on that site, and in no case will they be applicable or binding with respect to products or services offered in stores or establishments operated by the Dutties Branding and/or in associated businesses, nor in catalogs, advertising graphics, or other media, unless they are expressly and unequivocally extended to the website www.dutties.com. Any offer or promotion published on the website www.dutties.com, that contains errors in its content, whether regarding the identity, quality, or conditions of a product or service, regarding its price and payment conditions, or other information or modalities, may be modified by the Dutties Branding at any time.
7. Offers, promotions and information from other websites
The Dutties Branding accepts no responsibility for any type of offer, promotion, information, opinion, and/or expression, in general, provided by other websites or contained therein, nor for the effects derived from these, even regarding those linked from or to the site www.dutties.com, through links, banners, or other similar links.
8. Obligation of information by the user
It is the duty and obligation of every user to inform themselves beforehand and responsibly about the qualities, conditions, attributes, content, and relevant characteristics of any product or service they intend to purchase on the site www.dutties.com.The user declares to know and accept that the information contained on the site www.dutties.com, regarding the products or services offered therein, is of a referential nature and is based exclusively on that provided by the respective supplier, manufacturer, or importer.
9. Authorization for sending information, offers and promotions
The user hereby authorizes the Dutties Branding to send all kinds of information regarding offers and promotions related to its business and the website www.dutties.com, by any means it deems appropriate, especially through emails or text messages. Notwithstanding the foregoing or the provisions in point 3 above, such promotional or advertising communications will contain a valid address to which the user may request the suspension of the deliveries.
10. Payment methods
The price of the products and services offered on this site, unless a different method is indicated for specific cases or offers of certain goods or services, can only be paid with:
On the website www.dutties.com, payment with the Fashion's Park credit card is applicable on the same site. The Fashion's Park credit card is issued and managed by Inversiones Kimco S.A., whose Terms and Conditions of use are regulated in the respective contract signed between the Dutties Branding and the cardholder. The maximum number of installments for the purchase of a product is subject to credit evaluation and the type of product. At the time of payment, the system will inform the maximum number of available installments for the selected product.
VentiPay, being a payment gateway that allows our customers to make purchases securely and flexibly. Through Venti, payments can be made with credit cards, debit cards, and other digital means. In addition, it offers additional features such as interest-free installments with debit card and a digital wallet to manage funds and refunds.
Also, credit and debit cards issued by banks in the Republic of Chile, enabled to operate in the Mercado Pago system; provided that their respective issuing companies maintain valid acceptance agreements as a means of payment with the Dutties Branding, and exclusively under the terms that they allow.
*The aspects related to the functioning of the accepted payment methods on this site are subject to the existing contract between the cardholder and the issuing companies, with no responsibility attributed to the Dutties Branding regarding the aspects mentioned in those contracts, such as issuance date, expiration, limit, blocks, etc.
11. Formation of consent in contracts concluded
Offers of goods and services made through the website www.dutties.com may be accepted electronically, using the mechanisms that the site offers for this purpose. For these purposes, an "offer" is understood to be the proposal to enter into a contract under defined conditions.
However, mere acceptance by the user, carried out under the terms described above, will not itself constitute the formation of consent between the parties, with such acceptance being subject to the suspensive condition of validation by Dutties of it and the payment method used by the user, as well as the subsequent communication to the user regarding this validation. Consequently, for any operation carried out on this site, confirmation from the Dutties Branding will be:
Requirement for the formation of consent. To confirm the transaction, the Dutties Branding must verify:
The current availability in stock of the offered goods, understanding by "current" the moment when the offer has been accepted by the user or customer. Verification of the price of the products and services, and/or errors in them, by the Dutties Branding; and, if applicable, the validity of the respective promotion. The validation and acceptance of the payment method proposed by the user. The validation and confirmation of the information registered by the customer on the site concerning the information provided upon accepting the offer. Verification and validation of the shipping conditions chosen by the user and all additional information that he/she provides for the shipment.
At the time the transaction is validated, the user or customer will be contacted via email at the address provided when registering their personal information on the Dutties website. If deemed necessary by the Dutties Branding, the user or customer may be contacted through another means of communication. The confirmation of the transaction will mention the essential elements of the contract in question.
Consent will be understood as formed at the moment this written confirmation is sent to the user and at the place where it was issued, which will always be Panamericana Norte Nº 5951, commune of Conchalí, Metropolitan Region.
12. Right of withdrawal
The user or customer may withdraw from the contracts entered into through this site and request the cancellation of the purchase and the refund of the money paid, subject, however, to the terms and restrictions set forth below:
The customer or user will have a period of 10 (ten) calendar days, counted from the receipt of the product, to request the cancellation of the purchase and the refund of the price paid, by returning the purchased product. This right does not grant the customer the right to request a refund of the transportation or freight costs that may have been charged to them. Once the indicated period has expired, the customer may only exercise the right provided in the following number 16, with the restrictions stated there. To request the cancellation of the purchase, the user must present their original, intact, and legible receipt, or any document that proves the purchase and its date, and that meets the same characteristics of integrity and legibility. The product in question must not have been used in any way and must be completely sealed, with its original packaging, labels, warranty certificates, user manuals, boxes, and all complete protective elements; and it must be delivered along with all its accessories. The costs incurred from the return of the product will be borne by the customer or user. Consumers will not be able to exercise the right of withdrawal in contracts made through electronic means or in those where an offer is accepted that was made through catalogs, advertisements, or any other form of remote communication, when acquired: Sealed personal use or hygiene items. These are products that, due to their function or particular characteristics, are intended for use by a person, either for hygiene or health reasons, and whose safety seals have been opened or removed by the consumer after delivery, resulting in a risk to health or hygiene, such as underwear, swimsuits, makeup, and personal hygiene items such as toothbrushes, soaps or creams among others.
13. Regarding the registered personal data
The personal data provided by users through the website www.dutties.com will be used to validate purchase orders and improve the information and marketing of the products and services offered by Dutties. They may only be provided to affiliated or related persons of the Dutties Branding.
Furthermore, any provision of data or personal information on the site www.dutties.com will imply the corresponding user's knowledge and acceptance of the following obligations:
The data or personal information provided must be correct and true, and must correspond entirely to reality. The user must report any modifications or corrections to the data and personal information previously provided to Dutties, as soon as they occur. The user will be personally and exclusively responsible for any damages resulting from any breach on their part of the aforementioned obligations.The user hereby authorizes Dutties to proceed, regarding their personal data and information provided, to store and archive it in places that Dutties has available for that purpose; for its processing, treatment, communication or transmission, and disposal, under the terms contemplated in Law No. 19.628; this, unless the user expressly indicates otherwise through written communication addressed to the Dutties Branding.
The user expressly authorizes Dutties to share and provide any other related persons involved in the operations of the website www.dutties.com, with information regarding their name and surname, RUT (tax ID), age, account numbers, account statements, card types, postal address, gender, email, and billing information, credit history, business behavior and spending, and any other information collected, for the purpose of processing their data, in order to maintain a record of their clients as established in letter o) of article 2 of Law No. 19,628.
Similarly, the user authorizes Dutties to collect information about them from any public or private source, in order to verify the data and background provided by them. All users of the site www.dutties.com are recognized their rights to information, rectification, and cancellation of their personal data, which they may exercise at the time they deem appropriate, in accordance with the terms contained in Law No. 19.628.
14. Dispatch and delivery of products
The dispatch and delivery of products purchased on the website www.dutties.com will be subject to the conditions published and available on the site. Delivery times will be counted from the next business day following the date on which Dutties informs the user about the validation of their acceptance, in accordance with what was indicated in number 11 above. For these purposes, Saturdays, Sundays, and holidays will always be considered non-working days.
Purchases made through the site www.dutties.com can only be dispatched to the user's home address.
For the purpose of delivering the product, it is essential that the person receiving the product at the location provided by the user is of legal age and presents their valid identity card. In the event that there is no one meeting these conditions at the time of delivery, the carrier and/or the responsible Store Executive will not deliver the item. Any new request for dispatch and delivery will be made only if the specified conditions are met.
The person receiving the product must review it in detail. In case of acceptance, they must sign the delivery guide or receipt document that accompanies the product, understanding this signature as sufficient evidence of receipt without objections. By accepting these Terms and Conditions, the user irrevocably authorizes any adult person present at their residence to receive the goods they have requested for delivery on their behalf, signing the corresponding delivery guide for that purpose. If the item is received without remarks, it will be understood that it has arrived at the user's address in perfect condition and to their complete satisfaction.
If the receiving person does not give their acceptance of the product, they must indicate this circumstance on the dispatch guide, along with the reason for the rejection. In this situation, Dutties will promptly contact the user to arrange for the delivery to be fulfilled within the timeframe agreed upon with the user.
15. Legal guarantee
The products and services purchased through the website www.dutties.com are covered by the guarantee referred to in Articles 20 and 21 of Law No. 19.496.
The exercise of the rights conferred by the aforementioned legal provisions must be carried out only with respect to technical and/or manufacturing defects within 6 months following the receipt of the product and, in any case, prior determination of the causes of the product's failure will be required, which may involve, depending on the item in question, sending it to the specialized technical service of the provider, manufacturer, or importer, whose report will be binding for the user and Dutties.
Similarly, the exercise of such rights will not proceed if the product's failure and/or deterioration is attributable to the consumer, or due to mishandling or improper or careless use by the customer. The deadlines defined for warranties will be counted from the receipt of the product by the user or the adult who received it on their behalf, in accordance with what is stipulated in number 14 above. Within the warranty period, the consumer must report the product's failure by contacting the address indicated by Dutties. In all previously mentioned cases, the consumer must bring the product in question and present their original, complete, and legible receipt, or any document that proves the purchase and its date, which must have the same characteristics of integrity and legibility. In the event that a product is returned, the respective purchase will be canceled, and the customer will be refunded the sums of money they paid for the price, in accordance with the provisions of Article 21 of Law No. 19.496.
Without prejudice to the above, the customer may exercise the right of withdrawal provided for in number 12 above.
Regarding telecommunications and/or technology products, in addition to the above, the special rules provided for in number 20 below will apply.
16. Product Exchange
Notwithstanding what is provided in the previous number, the user or customer shall have the authority to exchange the product(s) they have purchased, provided that the following conditions are met:
The exchange request may be made at the address indicated by Dutties, within 60 days following the receipt of the product. To request an exchange, the user must present their original receipt, intact and legible, or any document that proves the purchase and its date, which meets the same requirements of integrity and legibility. The product must not have been used in any way, and must be completely sealed, with its original packaging, labels, warranty certificates, user manuals, boxes, and complete protective elements; and must be delivered along with all its accessories. The exchange request must pertain to products of the same value as the one whose exchange is being requested, in accordance with the value indicated on the corresponding sales receipt. Under no circumstances will exchanges for products of a lower value than the original purchase be accepted. In the case of exchanging products for one of higher value, the consumer must pay the difference using any payment method accepted on this site, con previas validations that were mandatory in accordance with the provisions set forth in the previous clauses. In the case of promotional products, the return will extend to all those items included in it, in the manner previously indicated.
17. Comments of the User
Comment, complaint, or observation made by a user through the website www.dutties.com must comply with the following rules:
● No comment may refer to information from other media or sites other than www.dutties.com;
● No opinion or comment may cause harm, offense, damage, defamation, or slander against any person or entity;
● No comment may contain attacks, insults, or offenses of a social, sexual, racial, political, religious, or any kind;
● Every comment by a user will be assumed to be made voluntarily by someone who has the legitimate right to make it, presuming these characteristics;
● The user must be the owner of the intellectual property of everything contained in their comment, being the only and exclusive responsible for any damages of any kind that may arise, in case they are not.
● Dutties reserves the right to publish or edit messages with comments whose content is considered by him to be inappropriate or that infringes any rights of the rules of this instrument; the above, without needing to require authorization or to compensate the author of the comment.
● Any comment entered on the website www.dutties.com, by the mere fact of being submitted to this site, will become the property of Dutties, permanently. With that said, any opinion and/or expression submitted to the site will be the sole responsibility of the person making them and will not necessarily represent Dutties nor will it obligate Dutties to respond to any potential damages of any kind that may arise from them;
● By simply submitting a comment to the site www.dutties.com, the user makes a declaration of acceptance of these Terms and Conditions, especially with respect to this number.
18. Destruction of information
Dutties reserves the right to destroy all types of information related to the purchases of goods or services made on the site www.dutties.com that are 6 months old or older, counted from the date of consent formation, determined in accordance with the provisions of paragraph 11 above. The exercise or non-exercise of this authority by Dutties will not grant any rights to any user, nor will it imply any obligation on the part of Dutties to compensate for any damages that may arise from it.
19. Suspension of site operation
Dutties reserves the right to suspend all or part of the operation of the website www.dutties.com, whether for technical, energy, operational, technological, commercial, strategic reasons or of any nature, whether or not attributable to any act or fault of its own and, likewise, for any event that may be classified as force majeure, being released from any and all liability for damages or harm caused to any person or user for these reasons.
20. Transportation and freight costs
All products marketed on www.dutties.com have an additional dispatch cost to the purchase, which will be entirely assumed by the customer. This cost is defined according to geographical zone, size, and weight of the product. The value of the dispatch surcharge will be provided during the purchase process, before the finalization of the contract.
21. Use of cookies
Data is captured during navigation on this site through cookies and web beacons with the objective of understanding the behavior of visitors and ensuring the best level of service possible. Cookies are files that are transferred from a website to the user's computer hard drive. The use of cookies is common in Internet processes. Cookies do not allow the identification of the computer user to which they have been transferred, but they enable the recognition of registered users. The user has the option to configure their browser to prevent the installation of cookies on their computer.
22. Conflict resolution
The User has the right to go before the competent courts, in accordance with the provisions of Law No. 19,496 and its regulations; or the rule that replaces them. Any difficulty or controversy that arises in relation to these Terms and Conditions, and with the aforementioned acts and contracts, will be resolved through ordinary justice.
23. Representatives
To receive any submission or claim regarding acts or contracts executed or entered into through the site www.dutties.com, Mr. Eduardo Soto Bustos is designated, residing at Panamericana Norte No. 5951, municipality of Conchalí, Metropolitan Region.