TERMS & CONDITIONS
These are the terms and conditions (“Conditions”) referred to in your order ("Order") for us (“Us” or “We”) to supply you (or any firm, company or purchaser) (“Purchaser”) with Handmade Products ("Products"). They describe the terms on which we will sell the products to you. In particular, we must deliver the correct products to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards. They also explain that you must pay us the correct price, and when legal ownership of the products passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if products are damaged or delayed for reasons outside anyone's control (including natural causes).
This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.
This website is owned and operated by PÉRGATIS London.
Business Name: PÉRGATIS | 100% Natural Personal Care
2. The Contract
2.1 The Order is your offer to buy the Products from us on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Products that form part of your Order) is correct.
2.2 When we send you a written acceptance, you have a binding contract with us, and these Conditions are part of it.
2.3 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
2.4 If we have given you a quotation for the products, it is only valid for 14d ays from its issue date. It is not an offer to sell you the products.
2.5 If either of us needs to give the other a notice under the contract ('Notice'), the Notice must be given properly to be effective. Clause 12.4 explains how to give a proper Notice.
2.6 We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:
2.6.1 The main characteristics of the Products;
2.6.2 Our identity and contact details;
2.6.3 The total Price for the Products or, if the nature of the Products is such that the Price cannot
be calculated in advance, the manner in which it will be calculated;
2.6.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
2.6.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Products;
2.6.6 Our complaints handling policy;
2.6.7 We shall ensure that you are aware of our legal duty to supply products that are in conformity with the contract;
2.6.8 Where applicable details of after-sales services;
2.6.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
2.6.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
3. The Products and Product Variation
3.1 The product name and descriptions are on our website at firstname.lastname@example.org and included on your Order.
3.2 If the products have been manufactured at your request or to any specification that you have supplied, you will ensure you have obtained all necessary consents, licences and authorisations for us to be able to use them in the Products. You will indemnify us for all expenses, losses and costs that we may suffer arising from any claim made against us for breach of a third party’s intellectual property rights. This clause 3.2 shall survive termination or expiry of this contract.
3.3 We are allowed to change any of our specifications or formulas, or any specification or formula that you have supplied, if this is necessary to comply with any regulations.
3.4 Our products are genuine
3.5 We attempt to be as accurate as possible when describing products on the website; however, to the extent permitted by applicable law, we do not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free.
3.6 Any Products and services, and any samples thereof we may provide to you are for your personal use only. You may not sell, re-sell, license or reverse engineer any of the Products or services (and any samples thereof) you receive from us for commercial purposes.
4. Delivery of the Products
4.1 We will give you a delivery note with each delivery of products. It will state the Order date, the Order reference number, the type and quantity of products.
During the local holiday season and particularly in November and December it may take up to 7 extra days to receive your order via Royal.
4.2 If it has been more than 5 working days past your expected delivery date and you have not received your order, please contact our customer services by using the Contact form on the website.
4.3 We cannot guarantee delivery dates for overseas delivery as they are subject to customs clearance in the destination country.
4.4 We shall not be liable for any delay in delivery of the Products howsoever caused including but not limited to force majeure events.
4.5 If we fail to deliver the products, our legal responsibility to you will be limited to the costs of the products and any postage costs incurred. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions. Ownership of and risk to the Products shall pass onto you upon receipt of delivery and full payment is received.
4.6 If we refuse to deliver the Products for any reason, our contract will come to an end and we will reimburse you without undue delay for the cost of Products you have paid and any postage costs incurred by you.
5. Our Obligations
5.1: We will use all reasonable endeavours to provide you with high quality Products and to deal promptly with any concern you may have regarding your order. These conditions shall apply to all sales transactions between Us and the Purchaser placing an order for any Products. By Us accepting any order for Products, the Purchaser agrees to purchase such Products at the price stated on Our website or order form and on the sole basis of these Conditions. We shall use all reasonable efforts to ensure that:
5.1.1 the Products are the same in all material respects as their description. We have made every reasonable effort to ensure that the Products conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We don't, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.1.2 the Products are free from significant defects;
5.1.3 the Products are of satisfactory quality;
5.1.4 the Products are suitable for the purposes that we have specified.
5.2 If you discover that some or all of the Products do not meet this promise, you can either reject them within 30 days of their receipt by notice in writing to us, or request us to replace them, or (if we fail to do that) request a refund for the price of the Products. This will only apply, however, if you have done the following:
5.2.1 given us a reasonable opportunity of examining the products, and
5.2.2 returned the products to us at our address and cost, if requested, within 7 days’ of notifying us of your request.
5.3 Clause 5.1 does not apply if:
5.3.1 you use the Products after you have given us Notice of a defect;
5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage or maintenance of the Products;
5.3.3 the defect arises because we followed your instructions or specifications,
5.3.4 the defect is a result of your negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;
5.4 Clause 5.1 applies to all Products we supply (including any replacement Products).
5.5 You may cancel your Order at any time before we despatch the goods by contacting us in writing at email@example.com .
5.6 You may also cancel your Order within 14 days of receipt of the Products if it is placed with us
electronically. If you have already paid for the products, the payment will be refunded to you within 14 days of your cancellation (including delivery costs). You agree that this cancellation right does not apply if the Products have been personalised for your use.
5.7 We may cancel your Order at any time before we despatch the products in the following
5.7.1 The Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or
5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.
5.8 If we cancel your Order under Clause 5.7 and you have already paid for the Products, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
6. Ownership and Risk
6.1 The risk of damage to the Products or their loss passes to you on completion of delivery in accordance with clause 4.3.
6.2 Ownership of the products passes when you have received the products and paid us for them in full. Until the ownership passes to you, we will still own the products.
7. Price and Payment
7.1 The price of the products (“Price”) is stated in our acceptance of your Order. It does not include packaging, insurance and transport costs for which we will invoice you where applicable.
7.2 We are allowed to increase the price, by giving you a Notice of increase up to 14 days before we deliver the products, but only to take into account any of the following:
7.2.1 things which are beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials, and those matters set out in Clause 8.3);
7.2.2 changes in delivery dates, or quantities, types, or specifications of products that you have asked for;
7.2.3 delay caused by you, or your supplying us with inadequate or inaccurate instructions.
7.3 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Products is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Products is higher than that stated in your Order, we
will ask you how you wish to proceed.
7.4 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum at checkout if appropriate.
7.5 All payments for Products must be made in advance before we can despatch the Products to you.
7.6 We accept the following methods of payment: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, American Express and PayPal.
7.7 Credit and/or debit cards will not be charged until we despatch the Products to you.
8. Limitations on our Legal Responsibilities
8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the Price of the Products.
8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors.
8.3 Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
8.4 We only supply products for domestic and private use; we make no warranty or representation that the products are fit for commercial, business or industrial use of any kind (including re-sale).
9. Data Protection
9.1 The following definition shall apply this clause 9: Data Protection Legislation shall mean EU Regulation 2016/679 (General Data Protection Regulation) as amended or updated from time to time, in the UK and any national implementing laws, regulations or secondary legislation.
9.2 The Purchase and Us agree that we will comply with all applicable requirements of the Data Protection Legislation.
9.3 For the purposes of the Data Protection Legislation, to the extent We process any Personal Data (as defined under Data Protection Legislation), we do so in our capacity as a Data Controller (as defined under Data Protection Legislation)
9.4 You agree to indemnify and keep indemnified Us against all costs, claims, damages or expenses incurred by Us due to any failure by You or your employees or agents to comply with any of its obligations under this clause 9.
10. Website All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof (the “Content”) is the property of PÉRGATIS London, our affiliates, our partners or our licensors, and is protected by UK and International copyright laws. Nothing may be reproduced in whole or part by electronic means or in print without the prior written permission of the company. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website.
11. Complaints and Customer Service The Purchaser should inform PÉRGATIS London of any problems by telephone +442071013120 or email firstname.lastname@example.org. Complaints are taken very seriously by PÉRGATIS London and will be dealt with within 5 working days. Please note that the Purchaser is also
12.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
12.2 Nobody other than we and you may rely on any terms of this contract.
12.3 Changes to the contract are only binding if we agree them in writing, sign them and give you a copy.
12.4 If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other's registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is Postcode: W1B 3HH
Country: United Kingdom
Zip / Postal Code: WIB 3HH.
12.5 Delay in exercising a right under the contract will not take away that right or any other right.
12.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
12.7 All complaints are handled in accordance with our complaints handling policy and procedure, outlined above in Clause 11. Complaints may be initiated by contacting email@example.com.
12.8 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.9 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.10 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
12.11 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.12 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
12.13 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
12.14 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
12.15 Any dispute shall not affect the parties; ongoing obligations under the Agreement.
12.16 The contract operates under by English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.
12.17 We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions.