Use of our Website: References to “we”, “us” and/or “our” throughout www.PÉRGATIS.com and www.PÉRGATIS.co.uk (“the website”) are to PÉRGATIS. PÉRGATIS Hair, PÉRGATIS Relax, PÉRGATIS Brows are names owned and operated by the PÉRGATIS group. The use of the website and the purchase of any goods (“Goods” and/or “Products”) from the Website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions without notice to you. There is no charge imposed by PÉRGATIS for accessing the Website but you must pay the cost of the communications link you use to visit the website. Access to the Website may be suspended, restricted or terminated at any time without notice.
Contract Information: Goods supplied from the Website are supplied by the PÉRGATIS. Your submission of an order represents an offer to purchase Goods and/or Products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications made by us until we accept your order are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the site but are unavailable or incorrectly priced or otherwise incorrectly described, PÉRGATIS shall not be obliged to sell you those goods.
Intellectual Property & Right to Use: You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensor or us. You acknowledge and agree that the material and content contained on this Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The PÉRGATIS word mark, logo and associated product names are registered trademarks of the PÉRGATIS group.
Limitations of Liability: Whilst we will use all reasonable endeavours to verify the accuracy of any information we place on the PÉRGATIS Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the PÉRGATIS Website, or any transaction that may be conducted on or through the PÉRGATIS Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the PÉRGATIS website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website. The fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to the Goods or Products. This does not affect your statutory rights as a consumer.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the PÉRGATIS website and any information provided to or taken from the PÉRGATIS website by you. We will not be liable, in contract (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any loss which was not brought to the attention of PÉRGATIS at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by PÉRGATIS; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provision of any matter under these Conditions.
Notice in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver: No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival: Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement: These conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between You and PÉRGATIS in relation to such matters. You confirm that You have read these Conditions and You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
Law: The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
RETURNS AND EXCHANGES
You may return any Product in its "original condition" for a full refund or exchange within 14 working days of delivery. Original condition means that there are no scratches or marks on the Product and the Products packaging has not been opened or damaged. Please use the form on the Contact page so we can advise of the most efficient way of returning. Please provide the following details with your message:
- Your Name
- Your Address
- Order Number
- Reason for return/exchange
Once your message has been received, we will provide you with shipping details and a reference number to process your return / refund. Please note that returns and refunds cannot be processed without a reference number provided by us. You must arrange for and pay the costs of returning the Products to us. Please ensure that the package is wrapped securely and for your protection we recommend that you use a recorded delivery service as we cannot accept liability for goods lost in transit. If you are returning a faulty or damaged product(s), we will refund the cost of returning your order provided that you supply us with a delivery receipt. Products purchased as a set can only be returned as a complete set, not as individual items. If we have questions about the validity of the return, we reserve the right to refuse a refund or replacement. This does not affect your Statutory Rights.
FAULTY GOODS: If your package is visibly damaged on delivery, please inform the person delivering your goods that you wish to sign as “received damaged”. If your goods are received as faulty or damaged once opened please contact us at email@example.com within 48 hours of receiving your order and we will get back to you.
We may collect your Name, Contact information including email address, Demographic information such as postcode, preferences and interests, Other information relevant to customer surveys and/or offers. We require this information to understand your needs and provide you with a better service, and in particular for Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security: We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please email email@example.com. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.