Terms and Conditions
SECTION 1. DEFINITIONS
1. The terms and
conditions set out herein (the “Agreement”) govern your use of the website
www.boutiqueperruche.com (the “Website”). “Perruche”, “we”, “our” and “us” means Perruche Limited (company number C90712), whose principal office is at 62, Triton, flat 3, triq Mile End – Hamrun HMR 1716 – MALTA.
“User” and “you” means any user of the Website including
any User who makes a purchase through the Website (a “Buyer”).
SECTION 2. AGREEMENT
1. The Agreement
applies to any purchases made by you, and any sale made by us, of the items
described on the Website. If you do not wish to be bound by the Agreement, you
must not use the Website or order any items from us.
2. Buyers must be
over 18 years old and have full legal capacity.
3. We reserve the
right to modify this Agreement. The Agreement in force at the time an order is
accepted will govern any particular order. In the event that we make any
amendment to this Agreement which is materially detrimental to you, we will
ensure that the amendment does not become effective for at least one month
after the change is made.
4. We will keep a
record of this Agreement and dates of any changes made and we recommend that
you download or print and keep a copy of this Agreement.
SECTION 3. REGISTRATION
1. You are able to
navigate through the Website and place an order without going through the
registration process but we require you to complete the on-line registration
form to become a registered member if you wish to manage your account with us
and track your order history.
SECTION 4. PLACING AN ORDER
1. To place an order,
you should select the required item(s) and add to your basket by clicking on
the ‘Add to Basket’ button. You can review the selected item(s) at any time by
clicking on the ‘Basket’ link. Once you have completed your shopping, please
click on the ‘Proceed to checkout’ link.
2. You must confirm
your delivery address to access the purchase order, which contains a summary of
the information related to the item(s) ordered, quantity, price, total and your
other details along with the delivery address. It is your responsibility to
notify us if any of the information is incorrect. Giving false information may
result in the rejection of the order.
3. Your placing of an
order is an offer by you to purchase an item and is subject to acceptance by
us. Orders shall be accepted at our sole discretion but are normally accepted
if the item(s) is/are available, the order reflects current pricing, you are
based in a country to which we are currently able to sell and deliver, and your
credit or debit card is authorised for the transaction.
5. In the event that
an item is out of stock, you will be informed as soon as practically possible.
The order relating to the unavailable item will be cancelled and a full refund
will be made including any delivery charges. Where your order is for multiple
items, the rest of the order will remain valid.
6. If you have made a
mistake when placing your order you must contact us at the earliest possible
time by email to hello@boutiqueperruche.com to confirm the details of the error
or errors and will endeavour to make any amendments requested prior to shipment
of your order.
7. If the delivery
address provided to us by you is inaccurate or incomplete at the point of
dispatch, a refund will be issued only upon our confirmed receipt of the
consignment back to our fulfilment warehouse from the shipping provider.
SECTION 5. PRICING AND PAYMENT
1. All items are priced
in euros (Eur) and are exclusive of: (i) delivery charges which will be
indicated to you during the ordering process and (ii) any customs and import
charges applicable to your delivery address.
2. Any charges made
by your payment card issuer or digital wallet provider in respect of your
payment for an order with Perruche, including but not limited to any foreign
exchange fees or transaction charges, are not received by Perruche and will
remain the exclusive liability and cost of the cardholder or accountholder.
3. We reserve the
right to modify our prices at any time but any change in price will be
communicated to you prior to delivery of the items.
4. Once you have
reviewed your order and provided the required personal details, you will be
required to click on ‘Checkout’ to make payment by card, or by any alternative
payment method made available on our Checkout page. Payment by card will be
processed through PayPal.
Our Checkout page, the PayPal payment page, are all secured by SSL encryption for the protection of your payment data.
5. In the event that
payment cannot be made in accordance with section 5.2, the order will not be
processed and will be automatically cancelled. If you have already received any
items, you must return those items to us in the same condition that you
received them at your own expense. If you fail to do so within 7 days of our
cancelling your order, we may arrange for collection of the items at your
expense. We reserve the right to charge you for any damage to (or other adverse
interference with) any items that are the subject of an order that we cancel in
accordance with this section.
SECTION 6. ACCEPTANCE OF YOUR ORDER
1. Your offer to
purchase an item is accepted by us and a contract of sale between us is formed
only on the later of (a) the receipt by us of cleared funds from you in full
payment for the item(s) (including any applicable taxes and delivery costs);
and (b) our written confirmation of your order (whether by a dispatch
confirmation email or otherwise).
2. Once the payment
has been accepted, the order cannot be amended.
3. We will confirm
receipt of your order to the email address you provide at the time of registration.
It is recommended that you retain the email or print out the confirmation of
the order.
SECTION 7. DELIVERY, RISK AND OWNERSHIP
1. All items will be
delivered to the address specified in your order.
2. Following the shipment of the order from us, you will
receive an e-mail specifying the tracking number for your parcel which you can
use to track the parcel on the website of Malta Post, your national postal
service, or our designated courier.
3. All risk in the
items you order (including risk of loss and/or damage to the items) shall pass
to you when they are delivered to the delivery address specified in your order.
4. You will only own
the items once they have been successfully delivered and when we have received
cleared payment for them in full. Until that time we will retain title to the
items.
SECTION 8. FAILED OR DISPUTED DELIVERY
1. If the
delivery company is unable to deliver to you the parcel may be returned to the
postal service’s sorting office or the courier’s warehouse and you will be
contacted. If the delivery company then returns the items to us, we will refund
you for the value of the items ordered but not for the delivery charge.
2. Wherever an order
is shipped to you with a tracked service or delivery confirmation service, the
shipping provider’s confirmation that the order has been delivered to the
address you provided with your order is the authoritative confirmation that
your order has been fulfilled by us and successfully delivered.
3. If more than 30
days following our dispatch confirmation email delivery has not been confirmed
by our shipping provider you may email us at hello@boutiqueperruche.com to
request a re-shipment or refund, which we will honour at the earliest possible
time but no later than 7 days from receipt of your email.
SECTION 9. FAULTY OR INCORRECTLY DElIVERED ITEMS
1. We take care when
dispatching orders but we recommend that when you receive your order, you
carefully check the item(s) received. Any incorrectly delivered item, or item
with a fault, must be notified to us by email to
hello@boutiqueperruche.com within 7 days of receipt.
2. You must return any
incorrectly delivered or faulty item(s) to us as soon as possible, and at the
latest within 30 days of receipt of the item. We will send you a prepaid
shipping label to use.
3. We will provide a
full refund including delivery costs for a faulty item and, where requested by
you, we can send a replacement item subject to availability.
SECTION 10.CANCELLATION AND RETURNS
1. Subject to the
full terms set out in section 10, you may cancel and return your order to us
within 14 calendar days of receiving your order, for a full refund. The
cancellation period will expire after 14 days from the day after you take
delivery of your order. Returns arriving with us with a postmark outside of the
14-day eligibility window will not qualify for a refund.
2. Returns narrowly
outside of the 14-day eligibility window may from time to time be offered a
Gift Certificate as a gesture of goodwill, and subject to a re-stocking fee,
but such a gesture is entirely at our discretion.
3. You will not have
a right cancel and return your order for any goods that (a) have been made to
your specifications or are personalised, or (b) you have unsealed and are
unsuitable for return unsealed due to health protection or hygiene reasons,
such as underwear, and jewellery items designed for piercings.
4. To exercise your
right to return a product received from us, you must return the product to us
within the cancellation period specified in this section to « Perruche,
22/23 St Lucia’s street, Valletta VLT 1186, Malta », marked clearly with your Order
Number.
Alternatively, you may notify us by any durable medium of your
intention to return the product (e.g. by letter to the same address) within the
cancellation period specified in this section.
5. If you choose to notify us
of your intention to return the product, you must
return the product to us to the address shown in this section, marked clearly
with your Order Number, within 14 days from the date of such notification.
6.
If you cancel any items from your order, we will reimburse to you all payments
received from you for those items. The product must be returned in its
original, unused condition, with tags attached. We will make a reduction from
the reimbursement for loss in value of any goods supplied, if the loss is the
result of unnecessary handling by you. You are only liable for any diminished
value of the goods resulting from the handling other than what is necessary to
establish the nature, characteristics and functioning of the goods.
7. We will
make the reimbursement without undue delay, and not later than (a) 30 days
after the day we receive back from you the good we’ve supplied that you wish to
return or (b), if earlier, 30 days after the day you provide evidence that you
have returned the goods. We will make the reimbursement using the same means of
payment as you used for the initial transaction, unless both we and you have
expressly agreed otherwise.
8. Returned products will not be eligible for a
refund if (a) they are not marked with your Order Number and therefore cannot
be identified, (b) they are not received by us at the address designated in
paragraph 10.4, or (c) the swing tags are removed from the garment.
9. Returned items that are lost in transit will not qualify for a refund, and we accordingly recommend the use of a tracked service.
10. You will have to bear the
cost of returning the goods, except where explicitly advertised otherwise.
SECTION 11.ACCESS TO THE WEBSITE AND CONTENT
1. We are continually
reviewing the items available on the Website, so specifications or design
changes may be made at any time. We shall use reasonable commercial endeavours
to keep the Website up to date but information and specifications given are for
your information only and are subject to change without notice.
2. We try to ensure
that pictures of the items on the Website are as accurate as possible, but
there are technical limitations and slight variations in colour and texture
between the pictures and the items themselves must be expected.
3. We will endeavour
to allow uninterrupted access to the Website, but access may be suspended,
restricted or terminated at any time.
4. The Website may
include links to other websites or material, which are beyond our control. We
are not responsible for access to and content on the Internet, or any site
other than the Website.
5. If we reasonably
believe that you have acted inconsistently with this Agreement through your use
of the Website, we may take all or any of the following actions: (a) immediate
suspension (temporary) or termination (permanent) withdrawal of your right to
use the Website, without notice to you; (b) issue a warning to you; (c)
disclose such information to law enforcement authorities as we reasonably feel
is necessary; (d) commence legal proceedings against you for reimbursement of
all costs resulting from your act; (e) commence further legal action against
you; or (f) take any other action we reasonably deem appropriate.
SECTION 12.LIABILITY
1. We will use
reasonable skill and care in fulfilling any order for an item placed by you
which is accepted by us. We warrant that the items shall meet their
specification and shall be free from defects in materials and workmanship at
the time of delivery. However, we exclude all other representations,
warranties, conditions and terms with regard to the Website and our products
whether express or implied by statute, common law or otherwise, to the fullest
extent permitted by law.
2. We will take all
reasonable care to keep your order secure, but in the absence of our sole
negligence we cannot be held liable for any loss you may suffer if a third
party obtains unauthorised access to any data (including credit and account
details) you provide when accessing or ordering from the Website.
3. We shall not be
liable to you or in breach of this Agreement for delay or failure to perform if
the delay or failure is due to a cause beyond our reasonable control
(“Event”). We will contact you within five days of any relevant Event
in order to discuss possible alternatives for the performance of the Agreement.
If the Event lasts for more than thirty days, your order will be deemed to be
cancelled and you will receive a full refund.
4. We shall not be
liable to you in connection with this Agreement in contract, tort (including
negligence) or otherwise for any loss arising out of any Event (as defined in
section 12.3) or any internet, network or virus problem, or for any loss of
profit, revenue, anticipated savings or data (in each case whether direct or
indirect), or for any indirect loss.
5. Our aggregate liability to you in
connection with this Agreement whether in contract, tort (including negligence)
or otherwise shall not exceed the value of the items ordered by you.
6.
Notwithstanding anything else in this Agreement, we accept unlimited liability
in respect of death or personal injury caused by our negligence and in respect
of any other liability which cannot be excluded by law.
SECTION 13. STATUTORY RIGHTS
1. This Agreement
does not affect your statutory rights as a consumer. It is our responsibility
to supply you with goods that meet your consumer rights. If you have any
concerns that we have not met our legal obligations please contact us.
SECTION 14.E-MAIL, USER NAME AND PASSWORD
1. E-mails to you
shall be to the address you specify to us. It is important that you give us an
accurate and valid e-mail address and tell us of any changes to it.
2. The user name and
password you are issued with are personal to you and are not transferable. You
are responsible for the use of your user name and password and maintaining
their confidentiality. Any breach or suspected breach of security of a user
name or password must be notified to us immediately. You will be responsible
for all activities that occur under your user name and password and for any
payments due for items ordered through the Website by anyone using your user
name and password. We have the right to disable your user name and/or password
at any time if in our opinion you have failed to comply with this Agreement.
3. In the event of a
forgotten password you can obtain a new one by clicking on the link ‘Lost your password?’. A new password will be sent to you by e-mail.
4. Our aggregate
liability to you in connection with this agreement shall not exceed the value
of the items ordered by you.
5. Notwithstanding
anything else in these terms and conditions, we accept unlimited liability in
respect of death or personal injury caused by our negligence.
SECTION 15.VERIFICATION
Procedure
1. In exceptional
circumstances, we reserve the right to use a verification procedure to prevent
fraudulent use of the Website. If required, you will be requested to send us
(by fax or email) a copy of your ID (e.g. passport) as well as proof of your
address for the past 3 months. The order will only be dispatched after we have
received and verified these documents.
2. We reserve the
right to cancel an order and carry out a refund in the event of not receiving the
documents or non-conformity of the documents.
3. We reserve the
right to define the circumstances in which this additional verification will be
required.
SECTION 16.PROHIBITED USES
1. You may use the
Website for lawful purposes only. You have sole responsibility for any content
or data which you upload, post, email or otherwise transmit using the Website.
You may not use the Website in any way which we reasonably consider to be
abusive or inappropriate.
2. You must not
attempt to interfere with the proper working of the Website and, in particular,
you must not attempt to circumvent security, hack into or otherwise disrupt any
part of the Website, or knowingly transmit any data, or send or upload any
material that contains viruses or any other harmful programs.
3. You must not use
the Website to transmit, download, upload, view or otherwise use any material
which is defamatory or libellous; obscene, offensive, hateful or inflammatory;
contains sexually explicit material; promotes violence; promotes discrimination
based on race, sex, religion, nationality, disability, sexual orientation or
age; infringes any copyright, trade mark or other intellectual property right
of any person; is threatening, abusive or invades any person’s privacy; is
likely to harass, upset or alarm any other person; is used to impersonate any
person, or to misrepresent your identity or affiliation with any person; gives
the impression that they emanate from us, if that is not the case; or
advocates, promotes or assists any unlawful act such as (without limitation)
copyright infringement or computer misuse.
SECTION 17.INTELLECTUAL PROPERTY
1. All intellectual
property rights (including without limitation copyright) in the material
contained in the Website (including without limitation all photographs, videos,
audio and all other content on the Website), together with the website design,
text and graphics and their selection and arrangement and all software
compilations, underlying source code and software (including applets) belongs
to us, our licensors or the providers of such information. All rights in Olive
are owned by us. All rights are reserved. None of this material may be
reproduced or redistributed without our written permission.
2. You may retrieve
and display the content of the Website on a computer screen, store such content
in electronic form on disk (but not any server or other storage device
connected to a network) and print one copy of such content for your own
personal, non-commercial use, provided you keep intact all copyright and
proprietary notices.
3. You may not
reproduce, modify, copy or distribute or use for commercial purposes any of the
materials or content on the Website without written permission from us (except
as set out in section 17.2).
SECTION 18.PRIVACY
1. Personal data
submitted by you to us (for example, in the registration or ordering process)
is subject to our Privacy Policy. For more information, please see our Privacy
Policy.
SECTION 19.COMPLAINTS
Procedure
1. We want you to be
happy with the service we provide, but if you have a complaint about any aspect
of our service, please let us know and we will try to resolve your complaint
quickly and efficiently. You can contact our Customer Support team at hello@boutiqueperruche.com.
SECTION 20.CUSTOMER SERVICE
1. If you would like to contact our Customer Service team for any reason,
please e-mail us at hello@boutiqueperruche.com.
SECTION 21.GENERAL
1. If any
provision of this Agreement is held to be unlawful, invalid or unenforceable,
that provision shall be deemed severed and the validity and enforceability of
the remaining provisions of this Agreement shall not be affected.
2. You may
not assign, sub-license, or otherwise transfer any of your rights under this
Agreement.
3. You can inform us at any time if you no longer require marketing
communications to be sent by emailing us at hello@boutiqueperruche.com. 4. A
person who is not a party to this Agreement shall have no right to enforce any
term of this Agreement.
SECTION 22.GOVERNING LAW
1.This Agreement (and any non-contractual disputes arising under it) shall be governed by and construed in accordance with maltese law. Any disputes shall be subject to the exclusive jurisdiction of the Maltese courts, to which both parties submit.
