Article 1 – Definitions

In these Terms the following definitions apply

Withdrawal period the period within which the consumer may exercise their right of withdrawal
Consumer the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur
Day calendar day
Fixed term contract a distance contract relating to a series of products and or services whose delivery and or purchase obligation is spread over a specific period of time
Durable data carrier any medium that allows the consumer or entrepreneur to store information addressed to them in a way that allows future retrieval and unchanged reproduction of the stored information
Right of withdrawal the possibility for the consumer to withdraw from the distance contract within the cooling off period
Entrepreneur the natural or legal person who offers products and or services to consumers at a distance
Distance contract a contract concluded within the framework of a distance selling system organised by the entrepreneur for goods and or services where up to and including the moment the contract is concluded exclusive use is made of one or more means of distance communication
Means of distance communication means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time
General terms and conditions these general terms and conditions of the entrepreneur

Article 2 – Payment

Unless otherwise agreed amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service this period starts after the consumer has received the confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In case of non-payment by the consumer the entrepreneur is entitled subject to legal restrictions to charge reasonable costs communicated in advance to the consumer.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically the text of these terms and conditions can in deviation from the previous paragraph and before the conclusion of the distance contract be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

Where specific product or service conditions apply in addition to these general terms paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting terms the consumer may always rely on the provision most favourable to them.

If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or void the contract and these general terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the meaning of the original as closely as possible.

Situations not covered by these general terms and conditions will be assessed in the spirit of these general terms and conditions.

Any ambiguities about the interpretation or content of one or more provisions of these general terms and conditions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true representation of the products and or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular the price excluding customs clearance and import sales tax which are at the customer’s expense and risk; any shipping costs; the way in which the agreement will be concluded; whether or not the right of withdrawal applies; the method of payment delivery and execution of the contract; the period for accepting the offer; the amount of the remote communication fee if calculated differently from the basic rate; whether the contract will be filed and how it can be accessed; the way the consumer can check and correct provided data before the contract is concluded; all other languages in which the contract can be concluded; the codes of conduct to which the entrepreneur is subject; and the minimum duration of the distance contract in the case of a fixed term transaction.

Article 5 – The Contract

Subject to the provisions of paragraph 4 the contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer has accepted the offer electronically the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt the consumer may dissolve the contract.

If the contract is concluded electronically the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment.

The entrepreneur may within legal limits obtain information on whether the consumer can meet their payment obligations as well as facts and factors important for responsibly concluding the distance contract. If based on this investigation the entrepreneur has good reason not to conclude the contract they are entitled to refuse an order or attach special conditions.

The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored on a durable data carrier: the address of the entrepreneur’s establishment where complaints can be submitted; the conditions and manner in which the right of withdrawal can be exercised; information about warranties and existing after sales service; the information referred to in Article 4 paragraph 3 unless already provided before the conclusion of the contract; and the conditions for terminating the contract if it has a duration of more than one year or is indefinite.

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products the consumer has the right to dissolve the contract within 30 days without giving reasons. This period starts on the day after receipt of the product.
During the cooling off period the consumer will handle the product and packaging with care and only unpack or use it to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal the consumer will return the product with all accessories and in the original condition and packaging according to reasonable and clear instructions from the entrepreneur.
The consumer must notify the entrepreneur in writing or by email within 30 days of receipt. After notification the consumer must return the product within 30 days and provide proof of timely return such as a shipping receipt.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal the cost of returning the products will be borne by the consumer. Refunds will be made within 14 days of cancellation provided the product has been returned or proof of return supplied.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products made to the consumer’s specifications; clearly personal in nature; which cannot be returned due to their nature; that may deteriorate or expire quickly; subject to fluctuations in the financial market; for newspapers and magazines; for audio video or software with a broken seal; and for hygienic products with a broken seal.
Exclusion is also possible for services related to accommodation transport catering or leisure activities to be carried out on a specific date; services that have begun with the consumer’s explicit consent before the end of the cooling off period; and for betting and lotteries.

Article 9 – Price

Prices will not be increased during the validity period of the offer except for VAT changes. Variable prices may apply for products subject to market fluctuations. Price increases within 3 months of conclusion are only allowed if due to legal regulations. Price increases after 3 months are only allowed if agreed and the consumer may terminate the contract from the day the increase takes effect.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products or services comply with the agreement specifications reasonable usability requirements and legal provisions. Defective or wrongly delivered products must be reported within 14 days and returned in original packaging and condition. Warranty period matches the manufacturer’s warranty. The warranty does not apply if the consumer has repaired or modified the products themselves or had them repaired by third parties; the products were exposed to abnormal conditions; or defects result from government regulations regarding materials.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders. The delivery address is the one provided by the consumer. Orders will be executed as soon as possible and within 30 days unless otherwise agreed. If delayed the consumer will be informed within 30 days and may dissolve the contract. In case of dissolution a refund will be made within 14 days. If delivery is impossible a substitute item may be provided at no extra cost and with the right of withdrawal intact. The risk of damage or loss remains with the entrepreneur until delivery unless otherwise agreed.

Article 12 – Duration Termination and Renewal

The consumer may terminate indefinite contracts at any time with a maximum one month notice. Fixed term contracts for regular delivery may be terminated at the end of the term with up to one month notice. Contracts cannot be tacitly extended except under specific conditions stated in the terms.

Article 13 – Entrepreneur Identity

Customer service email: info@pera.it

Article 14 – Complaints Procedure

Complaints must be submitted fully and clearly described within 7 days of discovery. Complaints will be answered within 14 days. If more time is needed the consumer will be informed. If unresolved the dispute will be subject to dispute resolution.

Article 15 – Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these terms apply even if the consumer resides abroad.

Article 16 – CESOP

Due to measures in effect from 2024 regarding the “Amendment to the Turnover Tax Act 1968” and the introduction of the Central Electronic Payment Information System (CESOP) payment service providers may record data in the European CESOP system.