General conditions

These General Conditions regulate the purchase of products offered through the website www.perghermilano.com, owned by Pergher Milano SL, with NIF B72420482, with address in c. Carrer de Giufré el Pilós 4; Email info@perghermilano.com; hereinafter “THE COMPANY”.

In this document we will refer to the "USER", who is the natural person who purchases the product offered through the website and to "THE COMPANY", which is us.

The products are purchased directly from the COMPANY which acts as a direct seller, therefore the contract for the sale of the products is stipulated between the USER and THE COMPANY.

The USER must read and accept these General Conditions and the information on the products he wishes to purchase before proceeding with the purchase. This acceptance will be made expressly by clicking on the "I have read and accept the General Conditions" box that will appear during the purchase procedure. By doing so, the USER confirms that he or she is of age and has the legal capacity to purchase the products offered by the COMPANY.

At the moment of formalization of the purchase, the same will be considered concluded by law and from that moment the prices and conditions will have a contractual nature, therefore they can only be modified with the express agreement of the contracting parties.

The electronic document with which the contract is formalized will be archived by the COMPANY for one year and the USER will be able to obtain a copy of it during this period.

1. USER OBLIGATIONS

The USER is obliged in all respects to use the website and, where applicable, to purchase the products offered by the COMPANY in accordance with the law and what is established in these General Conditions.

THE COMPANY reserves the right to delete from the site any comments or opinions of USERS that are contrary to current legislation, especially in cases that violate people's fundamental rights and freedoms.

2. PROCEDURE FOR PURCHASE AND PAYMENT OF PRODUCTS

The USER will select on the website the products he wishes to purchase and the quantity or number of units. The prices indicated on the screen are in Euros and are current, barring typographical errors, with indication of whether or not applicable taxes are included.

The USER must fill out the form with their data in order to process the order, must click on the »Continue» section to proceed with the purchase of the products and must expressly accept these General Conditions. On the next page, the USER will be shown a summary of the products he wishes to purchase, their price, applicable taxes, shipping costs and expected delivery time, with the possibility for the USER to make any changes he deems appropriate before clicking on the »Payment» section button. Once accessed the »Payment» section, the USER must enter the credit card details with which they will make the payment or the details of their Paypal account and accept the payment.

THE COMPANY will send an email to the USER's email address justifying receipt and confirmation of the purchase made, within twenty-four hours (24 hours) following receipt of the formalization of the order. The contract will not be considered concluded until THE COMPANY has received payment for the price of the products.

If USER desires an invoice, he or she may obtain one by requesting one by email to COMPANY.

The USER will be responsible for the veracity of the personal data provided to the COMPANY, and in particular is responsible for ensuring that the credit or debit cards used are his/her property and that he/she has sufficient funds to cover the cost of the products he/she desires. to acquire. THE COMPANY reserves the right to cancel the sale in the event of non-payment, chargeback, rejected card or false information, or if it is unable to verify the card information. Likewise, the USER shall inform THE COMPANY via email of any improper or fraudulent charges on the card used for web purchases as soon as he becomes aware of them.

3. RIGHT OF WITHDRAWAL

Pursuant to articles 102 and following of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the USER who has the status of consumer or user according to the definition established by article 3 of the aforementioned Royal Legislative Decree, can withdraw from the purchase made, for any reason, within 14 calendar days of receiving the product. However, as established in the following section entitled “EXCEPTIONS TO THE RIGHT OF WITHDRAWAL”, this right will not apply to the goods and services specified in the same section.

To exercise the right of withdrawal, the USER must communicate his decision to withdraw from the contract by means of an unequivocal declaration which he can send to us by ordinary mail or by e-mail, to the addresses listed at the beginning of these general conditions. If you wish you can use the following form:

Withdrawal form

(You must complete and send this form only if you wish to withdraw from the contract)

To the attention of Pergher Milano 1990 SL; e-mail info@perghermilano.com
I hereby inform you that I withdraw from the sales contract of the following property: __________________________________________________________
Order placed on: ____________________
Name and surname: ______________________________________________________________________
Home: _________________________________________________________________________________
Signature (only if this form is submitted on paper)
Date: _____________________

THE COMPANY only accepts returns that meet the following conditions:

The product must be in the original packaging and labeling.
Shipment must be made in the same box in which the order was received.
If it is not possible to do so with the original box, the USER must return it in a box that guarantees the protection of the contents so that it arrives at the COMPANY in good condition, otherwise THE COMPANY reserves the right to refuse the return.

A copy of the invoice/delivery note must be inserted inside the package, indicating the returned products.
The product must be returned to the COMPANY at the address indicated at the beginning of these general conditions. The transport costs incurred for the return will be borne by the USER, who can freely choose the company he prefers to transport the item and, if he wishes, calculate this cost here:

http://www.correos.es/ss/Satellite/site/pagina-calculador_tarifas/sidioma=es_ES
http://www.seur.com/calculador-tarifas.do
http://www.mrw.com.ve/calculo-de-tarifas-(1)/nacionales.aspx
http://es.asmred.com/realiza-tu-envio/
http://www.tourlineexpress.com/error.htm?aspxerrorpath=/servicios/calculo.aspx
Once the product has been received and verified that it is in perfect condition, the refund of the amount will be processed, which will be made within a maximum period of 14 calendar days from the date on which the USER communicated the desire to withdraw and through the same payment method chosen by the USER at the time of the order. Until you have received the returned items THE COMPANY may withhold the refund.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

As established by article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the general law for the defense of consumers and users and other complementary laws, the right of withdrawal will not be applicable to contracts. which refer to:

The provision of services, once the provision has been completed, when the execution has begun, subject to the express consent of the consumer and user and with the acknowledgment on his part of being aware that, once the execution of the contract by the employer has been completely completed of work, will lose the right of withdrawal

The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.

The supply of goods packaged to consumer and user specifications or clearly personalized.

The supply of goods which may deteriorate or expire rapidly.

The supply of sealed goods that are not suitable for return for hygienic or health protection reasons and which have been opened after delivery.

The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.

The supply of alcoholic beverages whose price was agreed upon signing the sales contract and which cannot be delivered within 30 days and whose real value depends on market fluctuations that the entrepreneur cannot control.

Contracts in which the consumer and user have expressly requested the entrepreneur to come to them to carry out urgent repairs or maintenance; If during such a visit the entrepreneur provides additional services to those expressly requested by the consumer or provides goods other than spare parts necessary to carry out maintenance or repair operations, the right of withdrawal must apply to such additional services or goods.

The supply of sealed audio or video recordings or sealed computer programs that have been opened by the consumer and user after delivery.

The supply of daily press, periodicals or magazines, except subscription contracts for the supply of such publications.

Contracts concluded through public auctions.

The provision of accommodation services for purposes other than accommodation, transportation of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

The supply of digital content that is not provided on a material support whose execution has begun with the express consent of the consumer and user with the awareness on his part of consequently losing the right of withdrawal.

4. RETURNS

For damage caused by transportation or shipping errors:
If at the time of delivery it is visible and evident, without the need to handle the shipping packaging or the product itself, that a product has defects caused by damage in transport or if, similarly, an error occurs in the goods received, the The USER must notify the COMPANY, to the email address that appears at the beginning of these general conditions, within 48 hours of receiving the order, to request the return of the affected product or products and therefore the replacement with a new one or the refund of the price paid for it.

For defective products:
In the event that, once the package has been opened, the USER finds that a product is defective, he/she must notify THE COMPANY at his/her e-mail address and proceed with the return within 15 calendar days from the moment he/she receives it. In this case, when the return is justified, THE COMPANY will refund the value of the product and shipping costs, in addition to the direct costs of the return, thirty (30) days after the COMPANY receives the product in question. of the return.

This remains without prejudice to the provisions of current mandatory consumer protection regulations.

5. WARRANTY

The COMPANY will be responsible for any lack of conformity that occurs within two years of delivery. In the event that the purchased product is second hand, this period will be one year.

The USER must report the lack of conformity to the COMPANY within two months of becoming aware of it. The warranty does not cover damage caused by improper use or normal wear and tear of the products.

6. – CUSTOMER SERVICE

For any communication, incident or complaint, the USER may send a communication to the COMPANY via email.

7. INVALIDITY OF THE CLAUSES

If any clause contained in these General Conditions is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness will only concern that clause or the part of it void or ineffective, without prejudice to the rest of the General Conditions.

8. NOTIFICATIONS

Any notification or request that the parties must make in relation to the contracting of products or these General Conditions, must be made in writing and will be deemed to have been duly made if sent to the email address that each party may provide for these purposes.

9. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions will be governed and interpreted in accordance with Spanish laws.

THE COMPANY reserves the right to make changes at any time to our website, as well as to these General Conditions. Changes to the essential elements will not affect contracts already concluded, unless the USER has expressly accepted the modified conditions.

10. DISPUTE RESOLUTION INFORMATION

Online dispute resolution pursuant to Article 14.1 of Regulation (EU) 524/2013: the European Commission provides an online dispute resolution platform, available at the following link:

THE COMPANY reserves the right to make changes at any time to our website, as well as to these General Conditions. Changes to the essential elements will not affect contracts already concluded, unless the USER has expressly accepted the modified conditions.