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General Terms and Conditions

Preamble
perlesandco.com website is provided and managed by Internet et E Commerce company.
The Internet et E-commerce company is an EURL with capital of 105.000,00 € whose head office is located at 25 Rue Henry Moissan 81000 Albi FRANCE.
It is registered with the RCS of Albi under the number 453 605 933 and has for number of VAT intra-community FR58453605933.

You can contact the company Internet et E-commerce either by phone at 0033531511000 or by email contact@perlesandco.com.


The present general terms and conditions are applicable for the website www.perlesandco.com as well as on all the websites :  www.perlesandco.com  as well as www.perlesandco.es, www.perlesandco.it, www.perlesandco.co.uk, www.perlesandco.de.com.
Any order for a product appearing in the online store of the website pearlsandco.com implies the prior acceptance of these terms and conditions.
Accordingly, the customer acknowledges that they are fully aware that his agreement regarding the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online products presented as part of the store of the website. The customer has the option to save or edit these general terms and conditions, being specified that both the backup and editing of this document are the only responsibility of the customer, these general terms and conditions may be modified. In this case, the applicable conditions will be the current ones on the website at the date of the order.

The online store set up by the Internet et E-commerce company as part of the website mentions the following information:
 - presentation of the essential characteristics of the proposed products.
 - indication, in euros (including VAT) of the price of the products, as well as, if applicable, shipping cost.
 - indication of the terms of payment, delivery, or performance.
 - the existence of a right of withdrawal.
 - the offer validity period or the price.
All this information is presented in English (Subject to French law). The customer declares to have full legal capacity to engage under these general terms and conditions.

 

Article 1 : Entirety
These general terms and conditions express the entirety of the obligations of the parties. The customer has to accept unreservedly the completeness of these general terms and conditions of sale. Internet et E-commerce undertakes for its part to respect its role of reseller under the general terms and conditions.


Article 2 : Purpose
These general terms and conditions are intended to define the rights and obligations of the parties as part of the online sale of goods and services offered by Internet et E-commerce to the customer.


Article 3 : Contractual documents
This contract contains the following contractual documents, ordered by decreasing importance:
- these general terms and sales conditions,
- the online order form.
In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.


Article 4 : Effective date and duration
These general terms and conditions come into effect on the date of signing the order form.
The present general sales conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by perlesandco.com.


Article 5 : Electronic signature
Transaction of the orders and electronic signature (law of March 13th, 2000 on the electronic signature.)
The various steps to follow to conclude the contract electronically are as follows:
Creating a customer account
Selection of products in the cart
Validation of the order
Identification via the customer account
Checking the order and if necessary correcting errors
Order confirmation
Acceptation of terms and sales conditions
Payment of the order
The technical means allowing the user, before the conclusion of the contract, to identify the errors made in the data entry and correct them are as follows:
The order can be modified at any time before the payment.
The languages ​​proposed for the conclusion of the contract are as follows: French, Spanish, English, German and Italian.
Any order signed by the customer by "double click" constitutes an irrevocable acceptance that can be called into question only in the limited cases provided for in these general conditions of sale as "right of withdrawal" and "out of stock". The "double click" associated with the authentication and non-repudiation procedure and the protection of message integrity constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.


Article 6 : Order confirmation
The contractual information will be confirmed by e-mail automatically generated to the email address indicated during the creation of the customer account.
Some orders may be checked by our verification department.
You will be in this case notified by email of the supporting documents to send in order to obtain the final validation of your order.
Internet et E-commerce reserves the right to cancel the order in case of non-receipt of these supporting documents or receipt of documents considered non-compliant.
Any order paid by cheque will only be processed once the payment received.
Shipping times are to be recalculated from the date of receipt of the payment.
Internet et E-commerce recommends to the customer to keep on paper or on reliable computer support, the data relating to his order. The customer must verify the completeness and conformity of the information that he provides to Internet et E-commerce. Internet et E-commerce cannot be held responsible for any typing errors and the consequences in terms of delay or error of  delivery. In this context, all costs incurred for the new shipping will be borne by the customer.


Article 7 : Proof of the transaction
The computerized registers, kept in the computer systems of the Internet et E-commerce company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Archiving the purchase orders and invoices is made on a reliable and durable support that can be produced as evidence. Seller stores purchase orders and invoices on IT servers (copies are to be downloaded to the customer account).


Article 8 : Information about products/stock
8-a: The company Internet et E-commerce presents on its website the products to sell with the necessary characteristics which allow to respect Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wishes to purchase.

8-b: The offers presented by the company Internet et E-commerce are valid only in the limit of the available stock. Internet et E-commerce reserves the right to modify the product range according to the constraints imposed by its suppliers.

8-c: The products offered are in accordance with the French legislation in force and the standards applicable in France. Pictures, texts, graphic designs, information and features reproduced and illustrating the products presented are not contractual. As a result, the responsibility of Internet et E-commerce cannot be engaged in case of error or omission in one of these pictures, texts or graphic designs information or product features or in case of modification of the characteristics of the products by the suppliers.

8-d: Internet et E-commerce cannot be held responsible for the non-fulfillment of the contract concluded in case of out of stock or unavailability of the product, major case, disruption or total or partial strike including postal services and means of transport and / or communications, flood, fire. Internet et E-commerce will not incur any responsibility for all indirect damages because of the present, loss of business, loss of profit, loss of opportunity, damage or expense that may arise from the purchase of the products.

8-e: Hypertext links can refer to other websites than the "perlesandco.com" website. Internet et E Commerce rejects any responsibility for text links to other websites that would be contrary to the French legislation.


Article 9 : Pricing
Prices are quoted in Euros and are applicable only on the date of the validation of the order by the customer.
They do not take into account the delivery costs, invoiced in addition, and indicated before the final validation of the order.
The prices take into account the V.A.T applicable on the day of the order and any change of the legal rate of V.A.T will be automatically  reflected on the price of the products presented on the site, on the date stipulated by the decree of application.
The full payment must  to be made during the order, except specific offer indicated on the site. The paid amount cannot be considered like a deposit or down payment.


Article 10 : Payment methods
To pay his order, the customer has, at his choice, all the payment methods referred to in the order form, namely: credit card, cheque, bank transfer, postal money order, Paypal, gift vouchers purchased on the site.
In case of payment by cheque, it must be issued by a bank domiciled in France or Monaco. Any order paid by cheque, transfer or money order will only be processed upon receipt of the payment method. Shipping times are to be recalculated from the date of receipt of the payment. Cheques are cashed upon confirmation of the order.
The customer guarantees Internet et e-commerce company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the
purchase order. The Internet et E-commerce company reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully paid a previous order or with whom a payment dispute would be under administration.
The Internet et E-commerce company has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge.
However, the consumer remains aware that the Internet et E-commerce cannot be held responsible for any misappropriation or fraudulent use of any means of payment that would not have been detected by the verification procedure.
As part of this verification, the customer may be asked to send by fax or email to the Internet et E-commerce company a copy of an identity document and a proof of address.
The order will be validated only after receipt and verification by our services of the documents sent. Failing receipt of these documents within 15 days of placing the order, the order
 will be deemed canceled by right. Internet et E-commerce retains the full ownership of the products sold until perfect receipt of all sums due by the consumer as part of his order, including fees and taxes.
The transfer of ownership of a property purchased to Internet et E-commerce by the customer to a third person, will not be supported by the Internet et E-commerce company.
Only the original buyer of this property can claim access to the clauses of these general terms and conditions of sale.


Article 11 : Availability of products
All products that can be ordered from www.perlesandco.com / www.perlesandco.co.uk are in stock at our premises.
Each item ordered is automatically deducted from the stock.
When it is out of stock, the "Availability" button indicates it.
As a result orders are normally shipped the same day or the day after receipt of their payment (immediately if credit card) if they are confirmed before 1 pm (GMT).
In case of unavailability of the product ordered following an inventory error, the customer will be informed at the earliest and will have the opportunity to cancel his order under the conditions provided for in Article L216-2 and following of the Consumer Code.
The customer will then have the choice to request either the refund, if any, of the sums paid within 30 days at the latest of their payment, or an exchange of product characteristics and equivalent price, if Internet et E-commerce is able to get it.
In case of impossibility of exchange, Internet et E-commerce reserves the right to cancel the order of the customer and to refund the sums paid.


Article 12 : Terms of delivery and conditions of free shipping
The products are delivered to the address indicated by the customer on the order form.
The customer must verify the completeness and conformity of the information he provides to the Internet et E-commerce. Internet et E-commerce cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the return of the order will be entirely the responsibility of the customer.
Internet et E-commerce cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike including postal services and means of transport and / or communications).
The customer has to check the condition of the packaging of the goods on delivery and report the damage due to the shipping on the delivery order, as well as to Internet et E-commerce, within two open days.
The customer will be notified by email of the shipment concerning his order. In case of delivery delay of more than three days from the date we have indicated in the mail of shipment, we suggest to check with your post office that the parcel is not pending, then if necessary to report this delay by sending us an email. We will then contact the Post services to start an investigation.  An investigation may last up to 21 working days from the date of its opening.
If during this period, the product is found, it will be re-routed immediately to your home. If on the other hand the product is not found at the end of the period of 21 working days of investigation,
 the Post considers the package as lost. It is only at the end of this period that we can send you a replacement product at our expense.
If the ordered products were no longer available at this time, we would refund the amount of products concerned by the loss of the carrier.
The offer of free shipping from 50.00 euros including VAT, excluding postage is limited to France (excluding DOM-TOM) and countries of the European Union. This offer is also limited
to a weight not exceeding 1 kilogram for France and 500 grams for Europe. It applies only to the cheapest proposed shipping method (tracking mail or priority mail).


Article 13 : Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products ...) must be indicated on the delivery note in the form of "handwritten reservations ", accompanied by the signature of the client.
In the case of a shipment made by La Poste or the Post services, if the package arrives open or damaged (in particular with the presence of the yellow tape "La Poste") it is essential that the customer has established with the postman or post office on which he depends, a "finding of spoliation" (finding 170) so that Internet et E-commerce can open an investigation and a procedure of compensation.


Article 14 : Delivery error / non-compliant products
14-a: The customer will have to formulate with the company Internet et E-commerce within 15 days following the delivery, any claim of error of delivery and / or non-compliance of products or quality compared to the indications on the order form. Any claim made beyond this period will be rejected without possibility of appeal.
14-b: The formulation of this claim with the Internet et E-commerce company will be made
by email at contact@perlesandco.com.
14-c: Any claim not made in the rules defined above and within the time limits will not
be taken into account and release the Internet et E-commerce company from any responsibility towards the customer.
14-d: Any product to be refund must be returned within 15 working days after receipt of the return agreement to the Internet et E-commerce company in its entirety to the following address : Internet et E-commerce, 25 rue Henri Moissan 81000 Albi, France. To be accepted, any return must be reported in advance to the Customer Service of the company Internet et E-commerce. If the above procedure is not respected no claim for nonconformity or defect of products delivered will be accepted.


Article 15 : Right of withdrawal
Withdrawal period: In accordance with the provisions of articles L221-18 and following of the Consumer Code, Internet et E-commerce respects the statutory withdrawal period of 14 calendar days for private customers. This period runs from the day of delivery of the order to the consumer.
Notification of the withdrawal - Before any return, it is advised to the consumer to indicate it in advance with the Customer Service of the Internet et E-commerce company by email at contact@perlesandco.com.

The responsibility of the customer can be engaged in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of those goods. Internet et E-commerce recommends to the customer to return his products with a recommendation or additional insurance guaranteeing, where appropriate,
 the compensation of the products at their real market value in the event of theft or loss of that merchandise.
Refund - Seller refunds all payments received, including delivery charges in the case of a full order return, except additional costs resulting from the fact that the customer has chosen, if applicable, a delivery method other than the cheapest method of delivery offered by the Seller when ordering.
Seller shall refund within 14 days of notification of withdrawal using the same means of payment as the one used for the initial transaction, unless the customer expressly agrees to use a different means such as on the customer's account which will be deducted from the following order(s).
The Seller may defer the refund until receipt of the goods or until receipt proof of the shipment of the goods, the date chosen being the date of the first of these facts.
Exclusions - The right of withdrawal is excluded for the products and services listed in article L.221-28 of the Consumer Code such as personalized products as personalized charms.


Article 16 : Cases of absolute necessity
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other within ten business days from the date on which it became aware.
The two parties will then approach, within a month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals:
blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.


Article 17 : Partial non-validation
If one or more stipulations of these general terms and conditions are held for non valid or declared as such pursuant to a law, a regulation or following a final decision of a court competent, the other stipulations will retain all their force and their range.


Article 18 : No waiver
If one part does not notify a failure by the other part with one of the obligations aimed under the present general terms and conditions, it could not be interpreted for the future as a renunciation of the obligation in question.

 

Article 19 : Title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.


Article 20 : Governing law
French law is applicable without ruling out the application of the mandatory legislative rights granted to consumers or a mandatory law more protective by the foreign judge seized by a consumer of the corresponding country.
In case of dispute, the customer is informed that he can resort to conventional mediation or any alternative dispute resolution.
The customer is also informed of the existence of the platform put online by the European Commission which aims to collect any claims online shopping of European consumers and then forward the cases received to the relevant national ombudsmen: http://ec.europa.eu/consumers/odr/.
In case of dispute or claim, the customer will first contact the company Internet et E-commerce to obtain an amicable solution. For professional customers, the competent court is that of the headquarters of the company Internet et E-commerce, the commercial court of Albi (81000).


Article 21 : Intellectual property
All texts, comments, works, illustrations and images reproduced on perlesandco.com are reserved under copyright, as well as intellectual property rights and for the whole world. As such and in accordance with the provisions of the French Intellectual Property Code, only the use is authorized for private use subject to different or even more restrictive provisions of the French Intellectual Property Code. Any total or partial reproduction of the site perlesandco.com is strictly prohibited.


Article 22: Legal guarantees
The commercial warranty of the seller does not contradict the legal warranty against hidden defects on the products sold and the legal guarantee of non-conformity of the goods with the contract, which is governed by the provisions of Articles 1641-1648 and 2232 of the Civil Code.

Legal compliance Guarantee (Civil Code):

If the customer acts in accordance with the statutory warranty of conformity:
It has a period of 2 years from delivery of the goods to act: Article L217-12 Civil Code
He may choose between repair or replacement of the goods under certain cost conditions in accordance with article L.217-9 Civil Code.
He is not forced during the 24 months after delivery of the goods (Article L217-7 Civil Code) and 6 months for used goods to prove the existence of non-compliance.

The legal guarantee of conformity is granted regardless of the eventual commercial guarantee.

Legal guarantee against hidden defects in sold products

The customer can decide the legal guarantee against hidden defects of the thing according to Civil Code art. Sold in 1641 to be sold. In this case, he may choose between dissolving the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.
 

Legal guarantee of conformity

Article L217-4: The seller delivers a product conforming to the contract and answers the shortcomings of conformity at the time of delivery.

It also responds to any conformity defects arising from the packaging, assembly instructions or installation if this has been contractually enforced or performed under its responsibility.

Article L217-5: The property corresponds to the contract:

1 ° If it is suitable for the normal use of a similar good and, if appropriate: - if it conforms to the description of the seller and has the characteristics that he has presented to the buyer in the form of a sample - if it has the characteristics that: a buyer can expect due to the public statements of the seller, the manufacturer or his representative, in particular in advertising or labelling;

2 ° Or if it has the characteristics defined by mutual agreement of the parties or which are suitable for a particular use requested by the buyer, which has been disclosed to the seller and which he has accepted.

Article L217-7: Conformity defects occurring within twenty-four months of delivery of the goods are presumed at the time of delivery, unless the contrary is proven.
For used goods, this period is set to six months.
The seller can combat this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L217-9: In the case of lack of conformity, the buyer chooses between the repair and replacement of the goods.
However, the seller cannot go at the option of the buyer, if the election involves an obviously disproportionate cost in relation to the other conditions, given the value of the property or the meaning of the defect. He is then obliged to continue, unless it is impossible, according to the method that was not chosen by the buyer.

Article L217-10: If the repair and replacement of the goods are impossible, the buyer can return the property and be refunded the price or keep the property and receive part of the price.

The same faculty is open to him:
1. If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's request;
2 ° Or if this solution cannot be without major inconvenience, taking into account the nature of the goods and their intended use.
The dissolution of the sale can not be pronounced if the lack of conformity is low.

Article L217-12: The act resulting from the lack of conformity is required two years after delivery of the goods.

Article L217-16: If, during the commercial warranty granted to him during the purchase or repair of a movable property, the purchaser requires the seller to undertake a restoration covered by the guarantee, the duration of the guarantee still in force shall be at least extended seven days.

This period begins with the buyer's request for intervention or repair of the property concerned, if this provision follows the request for intervention.

Legal guarantee against hidden defects in sold products

Article 1641 of the Civil Code The seller shall guarantee the goods sold against hidden defects if they are unsuitable for the use for which they were intended or if the buyer had not purchased them, or would have given a lower price if he had known.

Article 1644 of the Civil Code in the case of Articles 1641 and 1643, the buyer has the choice either to return the item or to reimburse the price, or to retain the item and to have reimbursed part of the price.

Article 1648 (1) of the Civil Code: The claim for hidden defects must be submitted by the buyer within two years of discovery of the defect.

 

Article 23: Data Protection - Protection of your personal data.

Seller collects personally identifiable data about the customer. The purpose is, in particular, marketing operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for the right of access, rectification and opposition, delinquency and litigation management, the management of promotional operations, the management of notifications. This data may be communicated to the Seller's potential partners responsible for the execution of  processing, management and payment of orders. This data may be used with the consent of the customer or user of the website for sending information and promotional offers from the Seller, which the customer or user can unsubscribe at any time.
In accordance with the "Database and Privacy" law,  of 6 January 1978 (as amended by the law of 6 August 2004 on the protection of individuals with regard to the processing of personal data), the customer has the right to access, rectification, portability or opposition on the personal data collected. These rights can be exercised by writing to the Internet et E-commerce company at : 25 Rue Henry Moissan 81000 Albi, France, enclosing a copy of your identity document. This automated processing of information, including the management of users' e-mail addresses, has been declared to the CNIL under number 1079745.

 

By filling out some forms on the website and its variations, you will have to communicate to the Internet et E-Commerce company, publisher of the website, personal information, including your name, address, phone number and email when registering as a customer.
The information collected is subject to processing intended to allow the realization of the sales service and to provide you with more precise and personalized commercial information.


The information will be collected by the Internet et E-Commerce company for the following purposes:
- To enable you to get in touch with a sales assistant to obtain various information (collection of your telephone number or e-mail address for example) and to allow us to answer you
- To enable you to place an order on the website and allow us to process it
- To enable you to make a special request to our services
- To enable you to contact our customer service and make suggestions
- To give you access to information about new products, the quality of products and their guarantee
- To allow the Internet et E-commerce company, publisher of the website to build a customer database to create and develop a loyalty program, customer relationship management such as conducting satisfaction surveys, management of claims and after-sales service, the selection of customers in order to conduct studies, surveys and product tests
- To get personalized promotional offers
- To allow the Internet et E-Commerce company the organization of giveways, lotteries excluding online gambling and games of chance  subject to the approval of the Regulatory authority for online games
- To allow the Internet et E-Commerce company to create communities of discussion between customers to discuss about products in particular


The Internet et E-Commerce company is committed to respect the confidentiality of the personal data communicated by the Internet users on the site and its declinations, to deal with those data in the respect of the  "Database and Privacy"law of January 6, 1978 and not to commercialize your data from third parties.
The personal data collected on the website and its variations are kept for a maximum of 3 years from the end of the business relationship (customers) or the last contact (prospects) except for people who authorize us to keep them longer. Any new connection to our website during which the customer or the prospect identifies will run this period of 3 years. Registrations to our various newsletters remain valid until you unsubscribe.

 

Some of the data you provide to us may be subject to transfers to our subcontractors to enable us to execute the sales contract and to comply with our legal obligations (accounting, for example). Our transport partners such as Post, Chronopost, UPS for example, as well as our accounting firm or our payment partners, of which Crédit Agricole or Paypal are part of the subcontractors to whom we will have to provide all or part of your personal data.

 

Article 24: Use of cookies

The users of our website can freely decide on their computer / browser whether they activate or block cookies. The loss of functionality or services due to a change or refusal of cookies does not interfere with the responsibility of internet and e-commerce.
While consulting our website, information about the navigation of your terminal (computer, tablet, smartphone, etc.) on our website can be stored on the device. In addition, we can buy advertising space directly or through providers to promote our activities and our offers through various media.
Cookies issued by our website or third party providers allow our teams to enhance the value and ease of use of our services for the sake of satisfying your needs and expectations. Internet & e-commerce, reserves the right to share in all types of communication media, information and actions likely, as provided in Article 22 of the Law on Trust in the Digital Economy (LEN allowed or LCEN) of 22 June 2004 based the EU Directive of 12 July 2002.

 

Article 25: Consumer Disputes Service
Amicable settlement of disputes between the trader and the consumer under Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Protection Act: in the event of unresolved disputes between the trader and the consumer, the latter has one year to seize the mediator of the consumption. If the conditions are right, mediation of consumption will take place according to the texts and the procedure in force. The mediation of consumption is an out-of-court settlement of consumer disputes. The procedure is free to consumers (R612-1 of the Consumer Code).
The consumer can seize the intermediary at the following address:
Consumer Mediation Service:
MEDIATION - VIVONS MIEUX ENSEMBLE
www.mediation-vivons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
465 Avenue de la Liberation
 54000 NANCY
France
French Dispute Resolution Platform: https://www.mediation-vivons-mieux-ensemble.fr
European Online Settlement Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN

 

Article 26: Sample withdrawal form

Download form HERE or model:

Withdrawal Form - The information regarding my order

First given name: *
Surname: *
E-mail address: *
Order number: *
Order received on the (date): *
I want to submit a return request for the following items: *

  the whole order
  some items from my order
-
-
-
-
I was informed about my right of withdrawal *
Send to Perles and Co 25 rue Henri Moissan 81000 Albi France You can also send a copy of the invoice on which you tick the items
* Required information

 


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