Terms and conditions of sale

Aim:

These Terms and Conditions aim to define the contractual relationship between Percko and the buyer, and the terms and conditions applicable to any purchase made via the PERCKO shopping website www.percko.com. The Terms and Conditions which follow have been created to inform potential customers of the terms and conditions and processes for purchases, sales and the delivery of all products offered by the company on its website. These Terms and Conditions also set out the rights and obligations that sellers and consumers must comply with in order that transactions take place as efficiently as possible.
All orders placed via the www.percko.com website imply that the buyer has read and accepted the Terms and Conditions.

1. Description of the goods and services offered:
The products and services offered are those which appear in the catalogue published on the seller’s website.

Each product is accompanied by non-contractual description and photographs. Photographs and descriptions of the products in the catalogue are as true and accurate as possible, but cannot under any circumstances be supposed to be exactly like the product offered, in particular with regards to colour. Therefore, PERCKO cannot be held liable in the event of error or omission in any of the text, photographs or images relating to the product, nor in the event of modification of the product characteristics by the supplier.

2. Prices:
Product prices are shown in euros inclusive of all taxes (TTC) i.e. including French VAT + any other additional or related taxes, and exclude shipping costs and order delivery charges for orders to be delivered within metropolitan France.

For all products shipped outside France and overseas French départements and territories, the invoice price will automatically be calculated excluding taxes. Customs duties and/or other local taxes or import duties or state taxes will be requested by local administrative bodies. These duties and costs are not the responsibility of PERCKO. They shall be borne by the buyer and be their responsibility, both in terms of declaration and payment to the authorities and/or relevant agencies in the country in question.

The products remain the property of PERCKO until full payment of the price.

Any individual order from a trade customer, works council or other organisation will be processed after contact has been made via email or telephone.

For any questions relating to the price of our products, use this email address: infos@percko.com.

3. Orders:
The buyer acknowledges that they have the legal capacity to make an order and that they are over 18 years of age.

Electronic confirmation of the order constitutes acceptance of these Terms and Conditions by the buyer, and acknowledgement that they have been read and understood, and that the buyer waives the right to claim their own terms of purchase or other conditions. The agreement is then considered fixed and final.

All data supplied during the purchase and the saved confirmation is considered proof of transaction. This confirmation will serve as proof of signature and acknowledgement of the transaction by the buyer.

The seller will send email confirmation of the registered order.

The customer can follow the progress of their order on the website by clicking on ‘My Account’.

4. Payment Terms:
Payment for products and any postage charges related to the order are payable in full at the time of ordering by the customer to confirm their acceptance of these charges.

Payment is expressed in euros and inclusive of all taxes (TTC).

On the request of the buyer, a paper or electronic invoice highlighting payable VAT will be issued.
For orders outside France, prices are shown without French VAT. You are responsible for the payment of VAT applicable in your country if it is not automatically requested by your country’s customs services.

PERCKO cannot be held responsible for the non-payment of this tax or any tax relating to a shipment outside France between their customers and their country’s customs services.

Customers can make payments using:
– Credit card (Bleue, Visa card, MasterCard, American Express)
– PayPal

Order payment may be reversed at any time until 120 days after the date the order was placed. As such, PERCKO reserves the right, at its sole discretion, not to ship a package where the payment, the IP address or the delivery address appears suspicious or dangerous for itself or for a third party.

PERCKO will then not be responsible for the payment of damages or compensation of any kind since this is a matter that affects the safety of their customers, suppliers and service providers.

5. Delivery:

5.1 Delivery times and availability:
The products offered on the website are subject to available stock.

If for any reason, the seller is unable to deliver the order to the buyer, the seller shall contact the customer and give them option to change, modify or cancel their order.

5.2 Delivery charges:
The prices indicated on the Website are tax inclusive prices, unless you’re connected through an account which has a delivery address outside of the EU, in which case, the indicated price is excluding tax. You shall then be responsible to pay your country’s taxes upon receipt of the products.

The prices indicated on the Website do not include delivery costs. Free shipping worlwide.

5.3 Carrier:
The buyer assumes all risks from the moment the products have left the seller’s or their carrier’s premises and until the customer returns the product to the seller.

The seller shall ensure that products are properly protected for transport. If, despite this protection, ordered products are damaged during transport, the buyer may either refuse to accept the delivery of damaged goods or make dated and signed handwritten reservations on the delivery note or at the post office depending on chosen carrier.

The buyer should also contact PERCKO within 24 hours and follow the website returns request procedure which can be accessed from ‘Your Account’, ‘View Previous Orders’ then ‘Order Detail’ indicating the product concerned and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email.

The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging.

The seller shall deliver the replacement product after return of the damaged product at their own expense and subject to available stock. The return cost for the damaged product will be refunded to the customer on receipt of proof of payment.
The seller will not accept returned goods if a returns number has not been sent to the buyer.

5.4 Product missing on delivery or delivery does not conform to the order:
If the customer finds that a product is missing upon delivery by the carrier, they must contact the seller within 48 working hours following delivery and provide the order number. The seller will then deliver the missing product as soon as possible without additional postage charges, or will carry out a product exchange if the delivery does not conform to the order.

To make an exchange, the customer must contact the seller:

– for missing products, by email to infos@percko.com, with their order number

– for delivered products which do not conform to the order, by email to infos@percko.com, with their order number the customer may then request a returns number indicating the product they wish to return and the reason for the return. After verification, the seller shall send the buyer a returns number and the procedure to follow by email. The product must be returned by the customer in its original packaging intact and sealed. A photocopy of the invoice must be attached to the product and the returns number marked on the carrier packaging. The cost to return the damaged product will be refunded on receipt of proof of payment and the product that was not delivered in accordance with the order will be delivered without additional postage charges to the customer.

6. Defective products:
If the items you ordered are defective or do not match the description provided on the website, please inform us as soon as possible at infos@percko.com. Thank you for returning the products that are defective and we shall replace them if these items are available or refund their full price (including return costs if the product is effectively defective).

7. Your personal data:
The personal information you may provide to us via our site is collected and used in accordance with the terms of protection of personal data which are accessible on the footer of this website.

8. Responsibility:
If for any reason one of these Terms and Conditions sale should be declared inapplicable, this inapplicability shall not affect the application of the other provisions of the terms and conditions; the condition found to be inapplicable shall be replaced by the closest possible provision.

In its online sale process, the seller is under an obligation of means only; they are not liable for damages resulting from the use of the Internet such as data loss, intrusion, virus, loss of service or other involuntary problems.
The seller’s liability is limited to the purchase amount paid by the buyer. The seller cannot be held liable for stock shortages or delivery delays by suppliers.

Under no circumstances will PERCKO be held responsible for any damages whatsoever, direct or indirect, caused to the user or a third party, due to a malfunction, failure, loss of earnings, loss of data, loss of profits, operating loss, loss of software, a deterioration or loss of material by the user or a third party.

The seller bears no responsibility for compensation for direct and indirect, material or immaterial damages arising from damage resulting from scenarios exhaustively described above. Nor does the seller bear responsibility for recovery, reproduction or repair costs resulting from such losses or damages.

The seller cannot be held responsible for any typing errors by the customer during the ordering which as consequence have resulted in errors or delays in delivery.

9. Retention of title clause:
Goods remain the property of PERCKO until full payment of their cost.

10. Force majeure:
In the event of force majeure as defined by the jurisprudence of the French courts, making the execution of obligations impossible by either of the parties, the respective obligations of the parties will first be suspended for the duration of the agreement, with exclusion however of obligations stipulated in clause 12 ‘Intellectual Property’.

If this suspension shall last more than 30 days, the contract may be terminated as of right upon the request of either party by means of a letter sent by registered mail with acknowledgement of receipt. PERCKO and the contracting party shall then no longer be required to meet their obligations with the exception of those resulting from clause 11 ‘Intellectual Property’ without any damages being due for any reason to either party.

Neither party shall be held responsible for any breach of its obligations resulting from events of force majeure or unforeseeable circumstances within the meaning of article 1148 of the French Civil Code and the case law of the Court of cassation. The parties recognise events of force majeure or unforeseeable circumstances to include total or partial strikes external to the service provider, export bans, modification of rules applicable to the provision of service, transport blockades, fire, lightning and floods”.

11. Intellectual Property:
All elements of the site www.percko.com are and remain the intellectual and exclusive property of PERCKO.

No person is authorised to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the percko website, software, graphics or sound.

Any simple or hypertext links are strictly forbidden without the express written consent of PERCKO.

ET PERCKO shall not be responsible if the content of the sites to which a referral with hypertext links is offered does not comply with the legal and regulatory provisions in force.

12. Archiving – Proof:
Computerised records stored in reasonably secure conditions shall be considered as proof of communications, orders and payments that have occurred between the parties.

Order forms, order confirmations and invoices are stored on a reliable and permanent media to provide an accurate and permanent copy in accordance with article 1348 of the civil code.

The computerised records of the seller shall be considered by the parties as proof of communications, orders and payments that have occurred between the parties.

13. Dispute resolution:
These online sales Terms and Conditions are subject to French law and specifically to the regulations governing distance selling (articles L. 121 – 16 to L. 121 – 20 of the French Consumer Code), Directive 97/7/EC of 20th May 1997 on the protection of consumers in respect of distance contracts, and the Act of 1st August 2000.

For the resolution of all disputes relating to the sales contract, the parties may agree to submit to arbitration.

In the event of dispute, the buyer will contact PERCKO by electronic mail to the following email address: infos@percko.com

14. For more information:
All requests should be sent to: infos@percko.com

or by letter to:
PERCKO
96bis Boulevard Raspail, 75006 Paris