TERMS OF SERVICE
Website publication and entry into force date 16/09/2024
Subject
1.1. These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase of "The Perimeter" brand products (hereafter the "Products" or individually the "Product") via the e-commerce website (hereafter the "Site") by users falling within the definition of "Consumers" pursuant to article 1.2 below. The Site, which is the property of The Perimeter - 20 Brownlow Mews London WC1N 2LE.
1.2. the owner sells the Products on the Site. The Parties involved in the purchase of Products via the Site shall be The Perimeter as Seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties"). The purchase order processing activities, including the delivery of the Products, shall be managed directly by the Owner.
1.3. The Seller holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address info@theperimeter.co.uk.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by
Consumers only. It follows that only Consumers are permitted to submit orders via
the Site. Should one or more sales be made to a buyer who does not qualify as a
Consumer, these Conditions shall be applicable but, in derogation of what foreseen
by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply
with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by
Italian law, excluding the provisions of the United Nations Convention on Contracts
for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via
the Internet, including any telephone expenses, according to the rates applied by the
service provide chosen by the same.
Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4. The Site can be accessed from all over the world. However, the Products
available on the Site can only be purchased by users who request delivery to one of
the Countries listed on the Site.
Product purchase procedure - Conclusion of each single purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the 'print' button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at info@theperimeter.co.uk.
3.4. Any contract for the purchase of the Products shall be deemed concluded when
the Consumer receives the order confirmation from the Seller by e-mail.
Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address info@theperimeter.co.uk. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2. The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3. The Products ordered by the Consumer shall be delivered according to the
method chosen from those available and listed on the Site when the order was
placed. The Consumer undertakes to promptly check, as quickly as possible, that the
delivery is correct and includes all and only the purchased Products, and to notify the
Seller, within this deadline, of any faulty products received or any discrepancy
between the order and the goods actually received, following the procedure referred
to in art. 8 of this contract; failure to do so will infer that the Products shall be
deemed as accepted. In the event that the packaging or boxing of the Products
ordered by the Consumer reaches its destination visibly damaged, the Consumer is
invited to refuse to accept the delivery from the carrier/courier or accept the delivery
"with reservations".
Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the United Kingdom, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller. Payments
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller's bank account.
7.2. Payments for orders can be effected by credit card or PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website's payment section.
7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer,
where foreseen by applicable laws in force, in electronic format to the e-mail address
provided by the Purchaser during the registration process, if the products are to be
delivered to a recipient in the Italian territory, or attached to the purchased product in
paper format, in all other cases.
Seller's legal warranty of conformity, reporting of non-conformities and interventions
under warranty
8.2. Notwithstanding the term of prescription of 30 (thirty) months from the delivery day, the Consumer is required to report any defects and non-conformities of the products sending the relative form to the Customer Care Service at the address to the Seller's Customer Service by email to info@theperimeter.co.uk, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
8.3. On receiving the form and related documentation, the Seller shall assess the
defects and non-conformity reported by the Consumer via the Owner's service
centre and, having carried out quality control tests in order to assess whether the
Product does not in fact conform, shall, at its own discretion, decide whether to grant
authorisation for the Products to be returned, responding to the Consumer via e-mail
to the address provided by the Consumer when registering with the site or placing
the order; this e-mail will include the "RMA Code" Authorisation to return the
Products shall, under no circumstances, infer acknowledgement of the defect or nonconformity; this aspect will be assessed once the Products have been returned. The
Products that the Seller has authorised to be returned shall be sent by the
Consumer, together with a copy of the returned product authorisation e-mail
indicating the "RMA Code" within 30 (thirty) days from the date on which the defect
or non-conformity was reported to the following address:
The Perimeter - 20 Brownlow Mews, London, WC1N 2LE
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies. If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same email address info@theperimeter.co.uk the bank details for the bank transfer in his favour, and allow the Seller to transfer the refund.
Defective Products Liability
9.1. With regards to potential damages caused by faulty Products, the provisions set forth under the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of The Perimeter and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by The Perimeter, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and subject to the provisions of the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Consumer via the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the "My Account" section on the Site, which can be accessed after logging in.
12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.
Data Security
13.1. While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH) which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.