Conditions of Sale
Updated on 28 May 2019
I invite you to read these terms of sale before making a purchase on Perlage Suite. By confirming your purchase, you confirm that you have read, understood and accept these conditions of sale.
Preamble | effectiveness of conditions | subsequent amendments
Art. 1 These General Terms and Conditions of Sale (hereinafter, the "Conditions of Sale') have as their object the regulation of the purchase of products and services, carried out at a distance and made available, via the Internet, from the site perlagesuite.com (hereinafter referred to as the Website).
Art. 2 The products for sale on the Site are books published by De La Paix S.r.l. and the services rendered by the Site are those related to the sale of these products.
Art. 3 Professional within the meaning of Article 3 paragraph 1 letter "c" of the Consumer Code is De La Paix S.r.l. with registered office in via Giovanni Guareschi 60, 00143 Rome, VAT No. 12927501002 Registered in the Companies' Register of Rome, REA RM - 1410884 (hereinafter referred to as "Perlage Suite“).
Art. 4 All purchases of products made through the Site (hereinafter referred to as "Purchase contracts") by users accessing it (hereinafter referred to as "Customers") are governed by these Conditions of Sale and other provisions on the Site. In the event of a conflict between what is said in the operating conditions elsewhere on the Site and these Terms of Sale, the latter shall prevail.
Art. 5 Any transaction and/or condition of payment granted to the customer shall only be valid if Perlage Suite has accepted this condition in writing.
Art. 6 The provisions contained in these Conditions of Sale apply indiscriminately to all customers, except for except for those provisions for which the applicability to Consumer Customers only has been expressly provided for. Consumer Customer" shall mean a natural person who purchases products or services offered by the Site for purposes unrelated to any entrepreneurial or professional activity carried out; for the purposes of these Terms of Sale, it is assumed that he/she is not "Customer Consumer" that Customer who sends a proposal for the purchase of products or services by simultaneously entering his VAT number in the area of the Site relating to the Customer's personal data. Articles 45 to 67 of Legislative Decree No. 206/2005 (hereinafter 'Consumer Code') shall also apply to Purchase Contracts entered into by Consumer Customers.
Art. 7 Perlage Suite invites each Customer to read these conditions carefully before concluding a purchase on the Site and to print a hard copy or keep an electronic copy of these Conditions of Sale.
Art. 8 Without prejudice to the provisions of article 49, paragraph 5 of the Consumer Code, Perlage Suite can modify, at any time and without notice, the content of the Terms of Sale on this document. Any modification made will be effective as of the date of publication on the Website, as stated in the header of the Terms of Sale themselves, and, except for the modifications more favourable to the Customer, will only be applicable to the contractual proposals (i.e. orders) of purchase sent by the Customer pursuant to Article 9 of the present Terms of Sale after the date of publication.
Art. 9 The Customer can purchase the products present in the Perlage Suite e-catalogue, illustrated in detail in the pages of the Website and as described in the relevant information sheets contained in the Website, respecting the technical access procedures illustrated therein. The publication of the products and services displayed on the Website constitutes an invitation addressed to the Customer to formulate a contractual proposal of purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these Terms of Sale.
Art. 10 The correct receipt of the Customer's proposal is confirmed by Perlage Suite by an automatic reply sent to the email address communicated by the Customer and only confirms the correct receipt of the proposal within the information systems. This confirmation message will indicate a 'Customer Order Number', to be used in any subsequent communication with Perlage Suite. In addition to the information required by law, the message will include all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any corrections.
Art. 11 Each order can be viewed by the Customer on the Website, in his/her personal area, immediately after placing the order. Until the moment the order is processed by Perlage Suite (communicated to the Client by updating the information in his/her personal area), the Client has the right to modify or cancel the order, exclusively through the specific access and modification functions provided in the aforementioned personal area.
Art. 12 Each Purchase Contract stipulated between Perlage Suite and the Customer is concluded with the acceptance of the order by Perlage Suite. Perlage Suite has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter having any claim or right whatsoever, for any reason whatsoever, including compensation, in case of non-acceptance of the order. Perlage Suite's acceptance is considered as tacitly released, unless otherwise communicated to the Client within 48 hours from the sending of the order, by means of an e-mail message sent to the address communicated by the Client.
After Perlage Suite has sent the confirmation answer, in case Perlage Suite finds (due to technical or formal errors) that the price and/or the characteristics, published on the Website, of the products and services object of the Client's Proposal are not correct, Perlage Suite will expressly inform the Client of this by inviting him/her to make a new proposal, if still interested.
Art. 13 By sending the order, in the various ways provided by the operating instructions on the Site, the Customer declares that he/she has read all the information provided to him/her during the purchase procedure, and that he/she fully accepts the Terms of Sale and Payment described below.
Product prices | Shipping costs | Availability of products
Article 14 All product prices are clearly indicated on the Site and are inclusive of VAT where applicable. They do not include any additional and different taxes, levies or duties laid down by the relevant applicable legislation, such as those provided for in connection with imports. To the extent necessary, the Customer must therefore clear the imports and pay any duties and taxes (other than VAT) that may be due in the importing country.
Art. 15 If a product is presented on the Site in areas other than the special sections intended for product purchase transactions or in any case without the 'add to cart' icon, it is deemed not available for sale through the Site.
Art. 16 The prices and availability of the products, as reported on the Website, are subject to change at any time and without notice, it being understood that, limited to the orders being accepted or as above accepted by Perlage Suite, the terms of sale in force at the time the order is sent by the Customer shall apply, except for orders not accepted, as indicated in article 12 above.
Art. 17 The Site highlights the products available for shipment. This availability and the relative delivery times of the products are merely indicative, in that they are not updated in real time; moreover, in consideration of the possible simultaneous order on the Site of the same product by more than one Customer or the possible order, by the same Customer, of more than one copy of the same product, the actual availability of the individual products may vary considerably during the same day with respect to the indications shown on the Site. Being understood that the charge on the credit card is made only when the order is "Ready to ship" (i.e. when the computer system has ascertained the availability of the ordered products for their shipment), Perlage Suite will deliver the purchased products according to and subject to their actual availability. The Customer may at any time check the availability of the ordered product by accessing his/her personal area on the Website. In case several products with different availability times are ordered, the delivery will take place when the next available product is also ready for shipping.
Art. 18 Should the delivery time of the ordered product be delayed compared to the delivery time indicated on the Website before the order, Perlage Suite commits itself to promptly notify the Customer by an e-mail message to the address indicated by the Customer. Until the moment of the delivery by Perlage Suite, communicated to the Customer by updating the information contained in his/her personal area, the Customer has the faculty at any moment to cancel the order or modify it, exclusively by following the specific procedures and technical functions reported in his/her personal area.
Art. 19 The cost of each shipment, the amount of which may vary depending on the delivery and payment method as well as the country of destination and the total amount of the order, is added to the total price of each Purchase Agreement and is clearly indicated and communicated to the Customer, via the Site, before the conclusion of the Purchase Agreement; the aforementioned shipment cost will also be specified in the Customer's personal area until the order is completed.
Art. 20 The visual representation of the products on the Website, when available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment from Perlage Suite as to the exact correspondence of the image depicted on the Website with the real product; and this with particular regard to its real size and/or the chromatic aspects of the covers and/or packaging.
In the event of a difference between the picture and the written product sheet, the product sheet description shall always prevail.
Article 21 Payments in execution of Purchase Contracts concluded through the Site may be made exclusively by credit card, PayPal, or Bank Transfer. The Customer is obliged to choose the chosen method of payment when concluding the Purchase Agreement. The latter, once the Purchase Contract is finalized through the acceptance of Perlage Suite, cannot be changed anymore.
Notwithstanding the above, in case Perlage Suite encounters problems with the payment, it will inform the Customer without delay about the criticality encountered in the execution of the payment, proposing to use another means of payment among those accepted by Perlage Suite. By way of derogation, it is specified that in case the Customer has chosen to pay by PayPal, any criticality found in the execution of the payment will lead to the cancellation of the order. The Customer will be notified of this circumstance and will have to create a new order and indicate a different payment method.
Payments via PayPal and credit card
Art. 22 If the Customer chooses PayPal & Credit Card as payment method, he/she will be redirected to www.paypal.it where he/she will make the payment for the products according to the procedure provided for and regulated by PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Perlage Suite.
Art. 23 In the event of termination of the purchase contract and in any other case of reimbursement, for whatever reason, the amount of the reimbursement shall be credited to the Customer's PayPal account. The timing of the crediting to the payment instrument linked to such account depends exclusively on PayPal and the banking system. Once the crediting order in favor of such account has been placed, Perlage Suite cannot be held responsible for any delay or omission in the crediting to the Customer of the refund amount, to dispute which the Customer will have to refer directly to PayPal.
Payments by Bank Transfer
Art. 24 In case the Customer proceeds to purchase the products with payment of the price by Bank Transfer, Perlage Suite will wait for the receipt of the payment on its account before preparing the shipment. In such payment hypothesis, the Customer will then have (a) the faculty to cancel the order (exclusively by following the specific procedures and technical functions reported in his/her personal area) without any refund or (b) the faculty to add new products to the order (always by the same methods as above indicated) increasing the total amount due to Perlage Suite, without having to place a new order.
Delivery of products
Art. 25 All deliveries of products will be at Perlage Suite's risk. The risk shall transfer to the Customer upon delivery of the products to the Customer, or to a designated third party, by the forwarding agent, carrier or other agent appointed by Perlage Suite for delivery.
Art. 26 Perlage Suite may receive, through the Site, purchase orders with worldwide delivery. Shipping costs will be automatically calculated by the Website and will be visible and knowable by the Customer before sending the order. They vary from country to country and for Italy may also vary according to the method of payment chosen.
Art. 27 Without prejudice to the provisions of article 17 above, no liability, for any reason whatsoever, can be charged by the Customer to Perlage Suite in case of delay in the execution of the order or in the delivery of the products object of the Purchase Contracts caused by causes not attributable to Perlage Suite's conduct.
Art. 28 For each Purchase Contract finalized through the Website, Perlage Suite will issue a delivery note (Ddt) or, for those Customers (not Consumer Customers) who have and have inserted their VAT number in the order details, an invoice for the products to be shipped. The purchase voucher or the invoice will be sent by Perlage Suite to the e-mail address indicated by the Customer holding the order. For the invoice to be issued, the information provided by the Customer at the time of the order shall be authentic. No change in the invoice will be possible after the invoice has been issued nor will it be possible to issue an invoice after the order has been processed to Customers who did not provide their VAT number when placing the order.
Art. 28 Unless otherwise communicated to the Customer by Perlage Suite, the delivery of the products is intended at street level. Upon delivery of the products by the courier appointed by Perlage Suite, the Customer is required to check (a) that the number of packages delivered corresponds to the number indicated in the transport document and (b) that the packaging is intact, undamaged or in any case altered, even in the closing materials.
Art. 29 Any damage to the packaging and/or the products or the mismatch in the number of packages or indications must be immediately contested by the Client, by writing "ACCEPTED WITH RESERVE" on the courier's delivery receipt. Moreover, the Client commits himself to promptly notify - and in any case not later than 8 (eight) days from the date of delivery - Perlage Suite (by sending a message to firstname.lastname@example.org) any and all problems concerning the physical integrity, correspondence or completeness of the products received. For the Consumer Customer, the terms set out in Article 32 et seq. of these Terms of Sale shall apply.
Art. 30 In order to carry out delivery of the ordered products, the presence of the Customer or his agent at the place indicated by the Customer and on the day of scheduled delivery is always required. In the event of the absence of the Customer (or his appointee), the courier shall leave a second delivery notice for the next working day and a telephone number so that a different delivery date can be agreed upon. If even the second delivery attempt fails, the purchase order is considered cancelled and the products will be returned to the Perlage Suite warehouses. In the latter hypothesis, Perlage Suite will reimburse the Customer the price of the undelivered products minus the shipping cost within 7 days from the return of the products to the warehouse and the related Purchase Contract will be automatically and definitively cancelled, excluding any further claim for any reason whatsoever.
Article 31 Cases of force majeure, unavailability of means of transportation, as well as unforeseeable or unavoidable events causing a delay in delivery or making delivery difficult or impossible or causing a significant increase of the delivery cost for Perlage Suite will entitle Perlage Suite to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Contract. In such hypothesis, Perlage Suite will promptly and adequately communicate its determinations to the e-mail address indicated by the Customer and the latter will be entitled to the refund of the price already paid, excluding any further claim, for any reason whatsoever, against Perlage Suite.
Right of withdrawal
Art. 32 The Consumer-Customer has the right to withdraw from the Purchase Agreement for any reason whatsoever and without having to provide any explanation within 14 days from the date of receipt of the products, subject to compliance with the procedures set out below.
Art. 33 In the event that the Consumer-Client wishes to exercise the right of free withdrawal pursuant to Article 32 above, the Consumer-Client shall write and send to the following e-mail address email@example.com an explicit declaration of his decision to withdraw from the contract. Perlage Suite will send the latter, without delay, an acknowledgement of receipt of the withdrawal by e-mail.
Perlage Suite will promptly communicate to the Client by email to the address indicated by the latter, the confirmation of the withdrawal, indicating (i) the number of the return file and (ii) the address of Perlage Suite's warehouse to which the returned product is to be sent, where such address is different from the one indicated in article 34 of the present Terms of Sale.
Article 34 The return shall be carried out by the Customer, through the shipment of the products subject to withdrawal, by a courier of his choice. The products must be sent, within and no later than 14 days from the date on which the Customer communicated his decision to withdraw from the contract to the following address: De La Paix S.r.l. Via Siviano, 85/O - 25050 Monte Isola (BS) - Italy
The direct costs of returning goods will be borne by the customer.
Article 35 In order to validly exercise the aforementioned right of withdrawal, the Consumer-Customer shall comply with the following terms and conditions:
- the withdrawal may also apply limited to individual products forming the subject matter of a single Purchase Agreement, it being understood that the withdrawal applies to the product in its entirety, i.e., the Consumer Customer may not exercise the withdrawal limited to a part of the individual product purchased;
- the products forming the subject matter of Purchase Agreements in relation to which the Consumer-Client has exercised the right of withdrawal must be intact and returned in their original packaging, complete in all its parts (including the packaging and any ancillary documentation); in particular, the packaging seals must not be broken or removed;
- in compliance with the instructions received by Perlage Suite, the Consumer-Client will provide, at his/her sole care and expense in case of free withdrawal according to the previous article 34 of the present Terms of Sale and at the sole care and expense of Perlage Suite, in case of withdrawal for defective or non-compliant product, to ship and return the products to Perlage Suite;
- If the returned product is damaged during transport, Perlage Suite shall only be obliged to inform the Consumer-Client of the event in order to allow him/her to file a timely complaint against the courier chosen by him/her, against whom (and/or the relevant insurance company) he/she may claim compensation.
Article 36 Perlage Suite shall not be liable in any way for theft or loss of returned products; any related risk therefore remains the sole responsibility of the Consumer Customer.
Art. 37 Once the integrity of the returned product has been verified, Perlage Suite will refund to the Consumer-Client the full amount paid for the products covered by the Purchase Agreement subject to withdrawal except for the shipping costs incurred within 14 days from the return of the products themselves or from the date on which the Consumer-Client proves to have sent back the Products, whichever comes first.
In the event of damage to the returned products, the Consumer-Client shall only be liable for the decrease in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods within the limits set out in Article 57(2) of the Consumer Code.
The Consumer-Customer expressly agrees that the above-mentioned refunds shall be made by PayPal or by Bank Transfer, in accordance with the corresponding instructions and bank details to be provided by the Consumer-Customer himself.
Article 38 In any case of non-compliance with the terms and conditions of withdrawal provided for in article 33 above as well as in case of damage of the products for causes different from the transport of the same even if different from the cases provided for in article 57, paragraph 2 of the Consumer Code, the Purchase Agreement will remain valid and effective and Perlage Suite will provide to return to the sender Consumer-Client the products unduly returned, charging to the same the related shipping costs.
Legal Warranty of Conformity
Art. 39 Until a period of two years after delivery of the products, Perlage Suite is liable to Consumer Customers, in accordance with articles 130 and 132 of the Consumer Code, for any lack of conformity of the products existing at the time of delivery, in particular for products found to be defective or damaged.
Art. 40 The Consumer-Client forfeits his rights recognised by Article 130, paragraph 2, of the Consumer Code if he does not report the detected conformity defect to Perlage Suite within 2 (two) months from the date he discovered the defect.
Art. 41 Perlage Suite will make every diligent effort to replace, at its own care and expense, with other products of the same quality and title available at its warehouses, those delivered products which result damaged or defective, provided that the same have been returned by the Customer in their original packaging (complete with all its parts). If replacement with the same product is not possible (for example, due to the product going out of stock), Perlage Suite will refund the Customer the amount paid for the product found to be defective, excluding any further liability of Perlage Suite, for any reason whatsoever.
Communications & Complaints
Art. 42 All communications or complaints from the Customer against Perlage Suite in relation to Purchase Contracts should be sent to the following e-mail address firstname.lastname@example.org.
Intellectual Property Rights
Art. 43 All trademarks (registered or not), as well as any and all intellectual property work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual and industrial property reproduced on the Website remain the exclusive property of Perlage Suite and/or its assignors, without any right being derived to the Client from the access to the Website and/or from the stipulation of the Purchase Agreements. Any use, even partial, of them is forbidden without the prior written authorization of Perlage Suite, in whose favour all the related rights are exclusively reserved.
Article 44 For the rules on the processing of personal data by Perlage Suite, please refer to the specially dedicated area of the site at https://perlagesuite.com/privacy/.
Applicable law & jurisdiction
Art. 45 The Purchase Agreement between the Client and Perlage Suite is concluded in Italy and governed by Italian Law. For any dispute, the Rome Judicial Authority shall have exclusive jurisdiction.