“For the German-only speakers: Verbraucher können innerhalb von 14 Tagen, ohne Angabe von Gründen ihre Vertragserklärung widerrufen”
These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.peryodthebrand.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”) as well as the products we sell (the “Products”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services or purchasing the Products. Please note that by using the Services or purchasing the Products, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services or buy the Products and you should leave the Website immediately. If you continue to use the Website or if you buy Products, we will take this as your acceptance of these Terms and Conditions.
1) UNDERSTANDING THESE TERMS AND CONDITIONS
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean PERYOD. Where we refer to “you” or “your” we mean you, the person using the Services or buying the Products.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services or sale of Products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) ABOUT US
We are PERYOD, Lda and we operate the Website. We are a company registered in Portugal and our registered office is at Rua Doutor Eduardo Santos Silva, 261, Fracção H 4200-283 Porto, Portugal. Our VAT number is PT516268040.
We provide the Services and Products to you through the Website. Further details of the Services and Products we provide are set out in section 3 below.
3) SERVICES AND PRODUCTS
The Services we offer allow you to search through the Website and purchase products offered by us. As part of the Services, we also provide some ancillary services such as arranging delivery of the products (charges may apply) and providing you with customer service assistance without charge.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier.
Our liability to you in relation to the Services and Products is if, in providing the Services and Products to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services or completed the Product purchase. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) PRODUCT DETAILS
The products we attempt to be as accurate as possible in the description of the products displayed on the Website. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products.
We do not offer flawed items or Products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality please contact our customer support to apply for a refund, and we will assess with the situation with the factory who produced it. Once the item is received by the Factory who produced it, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned).
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The Products sold by us are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. We do not have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
6) ORDERS, PRICES AND PAYMENT
By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the Products from us. Your order for the products is subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price. After entering into the contract for the products with us, we will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with PERYOD. until it is delivered to you at the address specified when you placed your order.
To order products you possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
When you complete a purchase, you will receive an email confirming receipt of your purchase. This email constitutes acceptance of your order. The contract between us in relation to the Products is formed upon payment confirmation, we will send you a confirmation email, which concludes the contract between us. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract.
(a) Pricing and availability Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website are inclusive of the VAT. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT) will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping Information” section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost” amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items to a non-EU country, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, we do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the “Duties and Taxes” section of our Orders and Shipping page.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
(b) Payment Please see the available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment card and Products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see our T&C.
Once we have verified your payment details and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to accept or ship your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.
We also offer the option to collect your order from a participating Partner or Doddle location. Please see our Click & Collect section for more details.
8) INTERNATIONAL DELIVERY
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
9) RETURNS AND EXCHANGES POLICY
According to the applicable rules if you are contracting as a consumer, the client has the legally enshrined right to terminate a contract, up to 14 days after its conclusion without giving any reason. We do not offer flawed items products or of lower quality than the corresponding market standard. If an item you have ordered is not as described, is flawed or of a lower quality please contact our customer support to apply for a refund. You have 30 days from the shipping date of your order to return your purchase from peryothebrand.com free of charge. The items must have all their labels and be in perfect condition.
Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to us you will receive a full refund, including the original delivery costs; however, you will be liable to arrange and cover the full cost of returning the order to us.
Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products (“cooling-off period”).
To cancel a contract, you must clearly inform us, preferably:
By completing and returning the cancellation form and sending it to the address set out in the form.
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14 day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which we receive your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address.
10) OUR WEBSITE
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
- In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.
- Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties. Your use of these third party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any third party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any third party Products and Services’ terms and conditions. Use of third party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or third party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.
12) INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
13) ETHICAL SOURCING POLICY
As a reputable and trusted business committed to offering its customers high quality products, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
14) OTHER IMPORTANT INFORMATION
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
15) GOVERNING LAW AND JURISDICTION
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Portuguese law. The courts of Portugal shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.