TERMS AND CONDITIONS OF SALE
In these conditions:
“the Company” means Perachem Limited. Perachem Limited (trading as Pera 357) is a company registered in England & Wales (Registered Number 05024723). Our registered office is c/o Clintons Solicitors, 55 Drury Lane, London WC2B 5RZ.
“the Buyer” means any party who enters into a Contract with the Company to buy goods from the Company.
“Goods” means any goods supplied by the Company pursuant to a contract of sale between the Company and the Buyer.
The Buyer confirms that by placing an order on the website, www.pera357.com (the “Website”), that you are an individual who is legally capable of entering into this agreement. In order to satisfy this term, you confirm that you are over 18 years old, are resident in the UK or are resident in a country to which we are able to deliver.
If you order Goods from our site or over the telephone for delivery outside the UK your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. The Buyer is responsible for all such charges.
These terms and conditions (the “Terms”) are the terms which apply when you access the Website or place orders to purchase any of the products made available to you on the Website. Any reference to “we”/”us”/”our” in these Terms is a reference to The Company and any reference to “you”/”your” means you the Buyer and the user of the Website. By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms. These Terms are only available in the English language.
CHANGES TO TERMS
We reserve the right to change or modify these Terms including for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time.
THE ORDERING PROCESS AND CONFIRMATION
Your order via our website constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. All communications will be addressed to the email address you supply when you register.
Once you have placed an order for goods (and delivery if applicable) you will receive a confirmation that your order has been received. Please note that this does not constitute acceptance by us.
The contract for purchase of the product is formed when we send you an email despatch confirmation (see below).
You will automatically be sent an email confirming receipt of your order (the “Confirmation Email”) with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received your order. Please check that all details in the Confirmation Email are correct
We will send a second email when we despatch your goods which shall constitute our acceptance of your order (the “Acceptance Email”) at which point a binding contract of sale for products will be concluded between you and us. Where applicable this email will also constitute our acceptance [on behalf of Perachem Limited] for the provision of delivery services.
CANCELLATION AND RETURNS POLICY
Your right to cancel your order for any reason starts the moment you receive your Confirmation Email and ends 14 days from the day you receive it.
Please bear in mind that buying over the internet provides a different shopping experience to buying in a store. Be aware that:
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of The Company. The Company neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with The Company.
The colours which are shown on the Website will depend on many factors including your computer display settings.
All goods are subject to availability – we may not be able to supply your order.
Any delivery estimates given are estimates only.
Your use and browsing of the Website is at your own risk. Neither the Company nor any other party involved in hosting or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of, the Website. Without limiting the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, whether expressed or implied, including but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
Images of people or places displayed on the Website are either the property of, or used with permission by, The Company. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or in writing from the Company. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Company has not reviewed all of the sites linked to the Website and is not responsible for the contents of any off-site pages or any other sites linked to the Website. Your linking to any other off-site pages or other sites is at your own risk.
The Company will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure) including (but not limited to ) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood, snow or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
Your acceptance of our Terms and Conditions is given when you make a purchase from us.
We reserve the right to change these Terms and Conditions at any time and any such change will be effective to all new orders once included in the text of these Terms and Conditions and published on the Website.
Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury. Nothing in the above exclusions affects your statutory rights as a consumer.
CLAIMS FOR LOSS OR DEFECTIVE GOODS AND RETURNS POLICY
The Buyer shall inspect the Goods immediately upon delivery and shall within 14 days of delivery or in the event of non delivery within 14 days of receipt of Confirmation Email give notice in writing to the Company of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the Goods are defective. The Company may request that the Buyer returns the Goods.
We will examine the returned Goods and will act reasonably in deciding whether they are defective. If we agree that the Goods are defective you will then have the option to receive replacement Goods or a refund. We will usually replace the Goods as soon as possible and, in any case, within 30 days of the day we confirmed to you that we are able to replace the Goods.
If we cannot replace the Goods or you opt for a refund, we will refund the price of the Goods and we will notify you of any refund due within a reasonable period of time and if a refund is due we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund. Where you are entitled to a replacement we will not charge you for the costs of delivering the replacement Goods to you and we will deliver to the address where the original order was delivered to. Where you are entitled to a refund , we will refund the price of Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the Goods to us. We will refund any money received from you using the same method originally used by you to pay for your purchase.
You will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy or these Terms and Conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
You may return any unopened and unused items within 14 days of delivery for a full refund
SEVEN DAY COOLING OFF PERIOD (EU ONLY)
In addition to our returns policy, under the Distance Selling Regulations EU customers have seven working days (beginning the day after receipt) to cancel your purchase (unless it is a purchase of financial services, food, drink or other perishable products; DVDs, CDs or software which have been unsealed; magazines; or tailor-made / customized products). In this case, we will provide a full refund but you must return the cancelled items unopened and unused to us for a refund. Once we have received the items we will refund you on the payment option you used to purchase the order.
LEGAL OBLIGATIONS AND LIMITATION OF LIABILITY
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Website.
We are not responsible for:
losses not caused by our breach;
indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement;
failure to provide the Website or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control;
“Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Website or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
The terms of the Contract between the Company and the Buyer shall be construed according to and subject to the English law and the Buyer agrees to submit to the jurisdiction of the English Courts.