PerlesAndCo.com website is provided and managed by Internet & E Commerce company.
These general sales conditions should apply to all requests for orders which concern the supply and delivery of products by Perles & Co to customer.
By placing an order you imply your unreserved acceptance of and abidance by the General Sales Conditions, acceptance that does not require any written signature..
These general sales conditions can be modified at any time by PerlesAndCo.com provided they appear on the Web site www.perlesandco.com. The Terms and Conditions of Sales posted on the site at the time Customer places an order will govern the order in question.
The shop online set up by Interne & E Commerce mentions :
These general sales conditions are subject to French law.
Article 1 : Integrality
The present general conditions of sale regulate the integral relations between PerlesAndCo.com and the client, the two parties accepting them without reservation.
Article 2 : Purpose
These general sales conditions aim to define the rights and obligations of the parties with respect to the online sales of goods and services which are proposed to the buyer by PerlesAndCo.com.
Article 3 : Contractual documents
This contract contains the following contractual documents, ordered by decreasing importance:
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 sales conditions shall become effective from the date of the sending of the online order.
They shall remain in force during all the time necessary to provide subscribed goods and services, until the expiry of the guarantees due by PerlesAndCo.com.
Article 5 : Electronic signature
The last ?click? of the buyer on the order form associated with his identification on Perles & Co website constitute an irrevocable electronic signature, except for the limitations subject to this agreement ( "Out of Stock" and "Retractation right".
Article 6 : Order confirmation
The contractual information will be confirmed by e-mail at the address indicated by the buyer on the order form. Some orders can be controled by our verification service. In that case, the buyer will be notified by an e-mail listing the necessary justifying documents to validate his order. Internet & E Commerce reserves the right to cancel an order if it does not receive the right justifying documents.
Internet & E Commerce invites the customer to print his order informations or to keep them on a safe informatic support.
The conformity of information depending exclusively on the Customer, Internet & E Commerce could not be held for person in charge for the errors of seizures and the possible continuations of these errors in particular as for the problems of deliveries. In the event of delay or of return of the order due to error of seizure, the expenses of reforwarding of the products will be the responsibility of the Customer.
Article 7 : Proof of the transaction
The computerized records, kept reasonably safely in Perles & Co?s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.
Article 8 : Information about products/stock
8-a : On its website, Perles & Co displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products he/she intends to buy before placing a definitive order.
8-b : Offers presented by Perles & Co are valid only while stock lasts. Perles & Co reserves the right to change and replace products depending on its suppliers? catalogues.
8-c : The products displayed on Perles & Co website are in conformity with the French legislation into force and the applicable standards in France.The pictures, texts, graphisms and characteristics reproduced to illustrate the products displayed on the website are not contractual.
8-d : Internet and E Commerce could not be held for person in charge for the inexecution of the contract concluded and will not incur any responsibility for all consequential damages caused by unavailability or out-of-stock condition of the product, of cause beyond control, disturbance or strike, in particular of the mail service and means of transport and/or communications, flood, fire. Perles & Co reminds that it invites the customer to print his order informations or to keep them on a safe informatic support.
8-e: Internet and E Commerce rejects any responsibility for text links to other websites that would be contrary to the French legislation.
Article 9 : Pricing
Prices are indicated in in euros (?) and are only valid at the date when the buyer sends the order form.
They do not include delivery charges, which are charged as extra costs and are indicated before the validation of the order.
Prices do include the VAT applicable at the date of the order. Any change of situation shall automatically be reflected in the prices of the products for sale on PerlesAndCo.com.
Full payment must be made upon ordering, except in case of notified offer in Perles & Co website. At no time any sums paid may be considered as a deposit or a down payment.
Article 10 : Payment methods
To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form, that is by credit card or by credit transfer.
The buyer guarantees Perles & Co that he/she has the authorizations required to use the chosen method of payment, upon validating the order form.
Perles & Co reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment per bank card on behalf of the officially accredited organizations or in the event of nonpayment.
Perles & Co specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway.
Internet and E Commerce has implemented an order check-out procedure to insure no one is using someone else?s banking information without their knowledge. Nevertheless, Perles & Co could not be made responsible for all fraudulent embezzlements or uses of an unspecified means of payment which would not have been detected by the procedure of checking. Perles & Co reserves the right to use this procedure if any doubt arises with regard to the client?s legitimacy. With respect to this check-out, the client shall be required to fax Perles & Co a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer.
Until effective reception of the entirety of the sums which are due to him, Internet and E Commerce remains owner of the products.
Article 11 : Availability of products
The order shall be fulfilled within 30 days after the day when the buyer placed it.
If the ordered product is unavailable, especially because of our suppliers, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel his/her order. The buyer may then request a refund within 30 days after the payment date or order a replacement product.
In the event of impossibility of replacement, Internet and E-Commerce reserve the right to cancel the order of the customer and to refund the versed sums.
Information on the availability of the products being transmitted by our suppliers, the unavailability of the product could not engage the responsibility for Internet and E-Commerce.
Article 12 : Delivery arrangements
Products shall be delivered at the address indicated by the buyer on the order form.
The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform Perles & Co by e-mail within 48 hours after delivery of any defects noticed.
The customer will be informed by e-mail that his order is to be sent. In case of delay of delivery of more than three days compared with the date that we indicated in the e-mail, the buyer should make inquiries with the customs services of his country post office to check whether his parcel is on standby, if not he should send a e-mail to our services.
We will then contact the Post office to start an investigation. Investigations can last up to 21 days. If the parcel is found, it will be immediately redirected in your residence.
If the parcel is not found at the end of the 21 days of investigation, the Post office considers the parcel as lost. It is only at the end of this time that we can return the buyer a product of replacement, to our expenses. If the ordered products were not available any more at this time, we would entirely refund him.
Article 13 : Delivery problems due to carrier
Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product?) should imperatively be mentioned on the delivery slip in the form of handwritten reserves signed by the client.
In the case of shipping by ordinary mail, if the parcel is delivered open or damaged (in particular with the presence of the yellow Scotch tape " La Poste") it is essential that a Post Office agent testifies this "report on spoliation" (report n° 170) so that Internet and E Commerce can start an investigation.
At the same time, the buyer shall confirm this defect by sending the carrier the claims by registered e-mail, within two (2) working days after the delivery date.
The buyer shall send a copy of this mail to Internet et E-commerce, 25, rue Henri Moissan 81000 Albi FRANCE.
Any complaint arrived except time will be rejected.
Article 14 : Delivery error
14-a : The buyer have 15 days to report any claim concerning delivery errors and/or non-compliance of the products (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected.
14-b : The submission of this claim to Internet & E Commerce shall be exclusively done by e-mail : email@example.com.
14-c : Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve Internet & E Commerce of any liability towards the consumer.
14-d : As soon as Internet & E commerce receives the claim, it attributes a number to the return of the product(s) that it communicates to the customer.
14-e : Every product to be refunded shall be entirely returned within 15 working days after the reception of the agreement of return by Internet and E-commerce at the following address : Internet et E-commerce, 25, rue Henri Moissan 81000 Albi FRANCE. Every return is to be notified to Internet and E-Commerce.
Article 15 : Right of withdrawal
The customer is entitled to a cooling-off period of 14 calendar days from the date of delivery in which to return a product for exchange or refund with no penalties. All claims mentioned after this lead will not be accepted. Returns of any products must be notify to Internet & E Commerce by e-mail at firstname.lastname@example.org or by fulfilling this form.
Shipping cost for any returned items is the customer?s responsability.
Internet & E-commerce can withhold the reimbursement until the goods are received back or at least until the consumer has provided the evidence that the goods have been sent back . Internet & E-commerce has the right to recover an amount form the consumer for a loss of value of the goods as a result of handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. The reimbursement will be done using the same payment method as the consumer used initially. In case the customer returns all the items from an order, Internet & E-commerce will reimburse the consumer any payment that it received from him without imposing any fee. This includes the purchase price and the cost of sending the goods to the consumer on a standard basis: the additional cost for more expensive delivery methods that the consumer expressly choses compared to the least expensive standard delivery offered in our shop will not be reimbursed. The right of withdrawal does not apply on personalized goods.
Article 16 : Cases of absolute necessity
Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or case of absolute necessity. A fortuitous event or case of absolute necessity shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days following the date it becomes aware thereof. The two parties shall contact each other within a month, unless the case of absolute necessity renders it impossible, in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued.
. If the case of absolute necessity lasts more than three months, the aggrieved party shall be entitled to terminate these general sales conditions.
Explicitly, are considered as case of absolute necessitys or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the clients? control
Article 17 : Partial non-validation
If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.
Article 18 : Non renunciation
If one part does not notify a failure by the other part with one of the obligations aimed under the present general 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
These general sales conditions are governed by French law.
If any dispute or claim arises, the buyer shall preferably turn to Internet and E commerce in order to seek a non adversarial solution.
Article 21 : Intellectual property
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the perlesandco.com website including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, are owned by Internet & E-commerce and its affiliates. You are not allowed to copy or use any material appearing on the perlesandco.com website for any commercial purpose at all. Any reproduction total or partial of the site perlesandco.com is strictly prohibited.