Terms & Conditions
These Conditions of Sale are drafted in accordance with the legal provisions of the Italian Civil Code, Legislative Decree no. 70/2014 regarding Information Society Services and Electronic Commerce, and the Consumer Code, and govern the offer and sale of products through the site www.Perlaviva.net (“the Website”).
These Conditions of Sale are drafted in accordance with the legal provisions of the Italian Civil Code, Legislative Decree no. 70/2014 regarding Information Society Services and Electronic Commerce, and the Consumer Code, and govern the offer and sale of products through the site www.Perlaviva.net.
Products marketed on www.Perlaviva.net are sold directly by Milor S.p.A., with registered office in Milan, Via dei Gracchi 35, VAT no. 04362490155 (hereinafter referred to indifferently as "Seller").
SCOPE
The General Conditions of Sale apply to and govern all sales contracts entered into on the Website by the Seller, as identified above.
The General Conditions of Sale may be subject to modification, and the User is obliged to consult them before making any purchase.
It is the User’s duty to check the Terms and Conditions of Sale before placing an order.
Before confirming third-party orders, the User must check the Terms of Sale.
Conditions of Sale apply regardless of the User's nationality, provided that the delivery of products takes place in one of the countries in which the site provides an online sales service and that the country corresponds to the one where the User registered.
The purchase of products on the Site is limited exclusively to natural persons acting as consumers who are of legal age.
Consumer means any natural person acting for purposes other than trade, business, craft, or professional activities.
CONCLUSION OF THE CONTRACT
These Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User.
The submission of an order by the User implies full knowledge and acceptance of these General Conditions of Sale and Use and the Privacy Policy.
If the User does not agree with any term of these Conditions of Sale, they are requested to refrain from making any purchase on the Site.
In order to submit an online order, the User shall provide all data necessary to the Seller to allow for the correct execution of the order, in accordance with privacy laws.
To conclude the purchase contract, the User shall send the order by following the procedure on the Site.
The submission of an order obliges the User to pay the indicated price.
To complete the purchase, the User is required to confirm the payment of the price of the products in the shopping cart.
In the event of failure to pay, the order will be automatically cancelled.
After the submission of the order, the User will receive an e-mail confirming the purchase and containing a summary of the order.
This communication is not to be understood as an automatic acceptance of the order.
The Seller reserves the right to reject orders that are incomplete or incorrect, or orders made by users with whom the Seller has an ongoing dispute concerning the payment of a previous order.
In such a case, the User will receive a specifically motivated rejection via e-mail.
If the products presented on the Site are not available at the time of the last access or at the time of submission of the order, the Seller will inform the User of the product's unavailability within 5 working days from the day following the purchase.
In the event that payment has already been made, the Seller will refund the price to the User without any further compensation.
In the order form, the User will find:
- Conditions of Sale and General Privacy Policy;
- a summary of the main characteristics of each product ordered and its price;
- the accepted payment methods;
- delivery methods;
- shipping costs;
- conditions regarding the right of withdrawal;
- time frame and procedure for the return of purchased products;
At all times, the User can monitor the status of the order by consulting the link/section or by accessing their personal area.
The languages of the contract are Italian and English.
PRODUCT FEATURES
The products sold on the Site are top-quality products.
The Seller does not sell second-hand products, flawed products, or products of lower quality than the corresponding market standards. The main characteristics of the products are shown on www.Perlaviva.net on each product page. The products offered for sale on www.Perlaviva.net may not exactly correspond to the actual items in terms of image and colors due to the Internet browser or monitor used.
Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final sale price before sending the relevant order form.
All products sold by the Seller come with an identification tag. When trying on the products, you should not remove or alter the tag from the purchased products if you wish to return the purchased product.
The catalogue can be periodically updated and modified; therefore, the availability of a product cannot always be guaranteed.
Each product is described by a card in which all essential features are specified; the images and colors of the products may not correspond to the actual product due to computer and browser settings.
Therefore, the images of the products should be considered approximate.
SALES PRICES
All product sales prices are inclusive of VAT (if applicable in the country of delivery), as well as any other taxes that may be applicable to the sale.
Product prices may be subject to updates and modifications. The User shall verify the final sale price before submitting the order.
In the event of an evident mistake in the price displayed on the Site compared to the known market price of the product, the Seller reserves the right not to confirm the delivery and to immediately reimburse the amount already paid by the User.
VALUE VOUCHERS
Value vouchers are personalized codes that allow you to take advantage of a discount on your purchase on www.Perlaviva.net.
Restrictions on the use of value vouchers:
The value voucher can be used only once, with the exception of returns;
The value voucher cannot under any circumstances be exchanged for cash;
You may not use more than one value voucher per order;
The value voucher can be applied to only one item per order;
The value voucher can be applied only to items with a higher value than the voucher itself;
The value voucher cannot be applied to any Sample Sale or Charity Sale items.
In accordance with consumer protection legislation, if for any reason you wish to return the item to which you applied the value voucher, you should follow the standard return procedure as described in the section. Once your return has been accepted, the respective code will be restored to its original value. The difference in price between the value voucher and the item you purchased will be reimbursed according to the time frame of the applicable refund procedure.
VALUE VOUCHERS MAY NOT ALWAYS BE AVAILABLE. IN NO EVENT SHALL THE SELLER BE LIABLE TO THE USER FOR THE LACK OF AVAILABILITY OF VALUE VOUCHERS.
PAYMENT METHODS
For the payment of the price and delivery costs (if any), the User shall follow the procedure specified in the order.
In the event of payment by credit card, the payment process takes place via a protected connection directly to the bank and the online payment service, to which third parties have no access. Specifically, financial information (such as, for example, the credit/debit card number or its expiry date) will be submitted, using an encrypted protocol, to other banks that supply the relative remote electronic payment services, without third parties being able to access them in any way. Furthermore, this information will never be used by the Seller for purposes other than completing the relevant purchase procedures and issuing the required reimbursements in the event of product returns following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police any fraudulent acts perpetrated on the Website.
The order amount will be charged on the day of shipment, without prejudice to the customer's right to be refunded the amount in the event of a breach by the Vendor or non-performance of the contract for any reason whatsoever.
The customer is solely responsible for all data provided and guarantees the use of credit cards of which they are the sole authorized user.
DELIVERY METHODS
Products are delivered via affiliated couriers, directly to the User, at the delivery address specified during the order phase.
In completing the registration procedure, which is required for the execution of this contract and all relevant correspondence, the User authorizes the Seller to notify their personal data to the couriers and/or shipping companies used to deliver the purchased goods, in order to allow for their delivery.
The Seller will do everything in its power to process the order within 2 days and in any case no later than 30 days from the day following the payment.
Delivery times are calculated based on working days and do not include public holidays.
This Site allows for the delivery of products to be requested at an address different from the User’s own, provided that it is within a country where the order can be delivered; in any case, it is the User’s responsibility to specify all the details necessary for successful delivery.
It is never possible to collect products purchased via the Site directly from the Seller’s warehouse.
The costs and types of delivery offered may vary according to the country and the delivery method chosen by the User.
These costs and any additional costs shall be borne by the User. The charges will be clearly and separately indicated on the order summary before the User proceeds with the transmission of said order, as well as in the confirmation e-mail.
Both in Italy and abroad, the delivery process requires that, in the event the recipient is absent when the courier arrives, the courier leaves a note with contact details to organize a second delivery in order to successfully complete the process. In the event of failed delivery due to the recipient’s absence at the time the courier attempts delivery, the package will remain in storage. It will be the User’s duty to arrange for collection.
In the event of failure to collect within 4 days, the package will be returned to the Seller. In such a case, the contract will be considered terminated pursuant to art. 1456 of the Italian Civil Code via simple notification from the Seller sent by e-mail to the User, and therefore the order will be considered cancelled for all purposes.
The User always has the option of checking the status of their order through a link, by inserting their order number, or through their personal area if registered on www.Perlaviva.net.
USER OBLIGATIONS
It is strictly forbidden for minors to place orders on the Website.
The data entered when purchasing must exclusively be the User's own actual personal data and not that of third parties or invented data. The Seller reserves the right to prosecute all breaches and abuse in the interest of and to protect all Users.
The User shall hold the Seller harmless from all liability deriving from the issue of incorrect tax documents due to errors in the data provided by the User, who shall remain the only party responsible for the correct input of data.
Upon receipt of the products, the User must check that they conform to the order, paying particular attention to ensure that the number of packages indicated on the carrier’s letter corresponds to the number of packages delivered and that the packaging is intact.
Any faults (e.g., tampering, damage to the packaging) must be specifically indicated directly on the courier’s transport document, and the User should refuse delivery. At the same time, the User must notify the Seller’s customer service through a dedicated link.
If the User accepts the delivery of damaged or tampered products, the User shall forfeit the legal guarantee of conformity of the products.
RESPONSIBILITY
The Seller shall not be liable for any disservice caused by force majeure, including but not limited to accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding, or similar events which wholly or partly impede the performance of the contract within the agreed time.
The Seller shall not be liable to any party or third parties concerning damage, losses, or costs incurred due to the non-performance of the contract for the above-listed reasons, and the User shall have the right to receive only the refund of the price paid.
Equally, the Seller shall not be liable for the fraudulent or unlawful use by third parties of credit cards, checks, or other means of payment used to pay for the purchased products. The Seller does not have access to the User’s credit card number at any time during the purchasing procedure, as the number is transmitted directly to the manager of the banking services.
RIGHT OF WITHDRAWAL
The User may exercise the right of withdrawal and return the goods received, without any penalties and without having to specify the reason, in compliance with the terms and methods indicated below.
The User may request to return goods by completing and submitting to the Seller the returns form received from Customer Care within fourteen (14) days from the delivery of the goods, following the procedure laid down therein.
Goods must be returned intact, undamaged, and bearing their barcode labels and any other seals that are part of them; it is not possible to reimburse Users for goods that are returned incomplete, ruined, or damaged.
As a Consumer, you are entitled to various statutory warranties, including a warranty that the products supplied to you conform with your contract with us.
All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care.
The goods the User wishes to return must be delivered within fourteen (14) days, starting from the date on which the User notifies the Vendor of their decision to withdraw from the contract.
The cost of returning the goods will be borne by the User.
Upon return of the goods, the Seller shall check their conformity with the terms and conditions laid down in this paragraph.
If the right of withdrawal is exercised within the methods and terms indicated in this paragraph, the Seller shall refund the User any amounts received for the purchase of the goods, net of delivery costs.
Whatever method of payment is used by the User, the Seller shall arrange for the refund in the shortest possible time and in any case within fourteen (14) days from the date on which the Seller was informed of the exercise of the right of withdrawal, having checked the conformity of the withdrawal procedure and the returned goods.
The Seller generally refunds the amounts using the same method of payment used by the User when purchasing the goods. If a virtual credit card was used, or the credit card has expired, is about to expire, or was stolen, the User may send an e-mail to Customer Care to agree on the most appropriate repayment method.
WARRANTY OF CONFORMITY
Pursuant to the law, the Seller is obligated to deliver goods to the User that comply with the sales contract.
The Seller shall be liable to the User for any non-conformity of the products that exists at the time of delivery of the aforementioned goods, or that occurs within two years of delivery.
To qualify for the above-mentioned guarantee, the User must notify the Seller of the non-conformity within two months of its discovery, or this right will be forfeited, by contacting Customer Services via a dedicated link: this notification must contain an accurate and complete description of the reported defects/faults.
Customer Services will respond to the User’s notification, giving instructions for the delivery of the defective product, which will be at the Seller’s expense.
The User shall be entitled to terminate the Contract and receive a refund of the amount paid, or, alternatively, a replacement of the product. In the case of minor vices and defects, the User will only be entitled to the replacement of the product.
Any defects or damage caused by accidental means, those attributable to the User, or those caused by use of the products in a way that does not comply with their intended use or normal wear and tear, are excluded from the non-conformity and, therefore, from the legal guarantee.
APPLICABLE LAW
All disputes regarding the application, performance, interpretation, or breach of the purchase contracts concluded on the website are governed by Italian law, without prejudice to local mandatory law applicable to the Customer in their country. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
AMENDMENTS AND UPDATES
The Seller reserves the right to alter this Website, its policies, and these General Conditions of Sale at any time, in order to offer new products and services, or to comply with legal or regulatory provisions. Users accessing the Website and submitting an order shall comply with the policies and terms of the General Conditions of Sale in force at the time of placing the order, unless such amendments have retroactive effect pursuant to applicable law. Should any of the provisions of these Conditions of Sale be deemed invalid or void or for any reason inapplicable, the condition shall not prejudice the validity and effectiveness of all other provisions.