Terms of sale

LEGAL NOTICE

This site is operated by the company PERLO, a Simplified Single-Member Company with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 930 910 245, whose registered office is located at 6 Cité de l’Alma, 75007 Paris, represented by Fausto Magro in his capacity as President.

Publication Director: Fausto Magro

Host: Shopify Inc.

Intellectual Property

Unless otherwise stated, all elements accessible on the site (texts, images, graphics, logos, icons, sounds, software, etc.) remain the exclusive property of their authors, in terms of intellectual property rights or usage rights.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, regardless of the means or process used, is prohibited, unless prior written authorization is obtained from the author.

Any unauthorized use of the Site or any of the elements it contains is considered an infringement and prosecuted. The trademarks and logos reproduced on the site are registered by the companies that own them.

Links

The site owner authorizes hypertext links to any page of this site, provided that they open in a new window and are presented in an unambiguous manner to avoid:

• Any risk of confusion between the citing site and the site owner;

• Any misleading or illegal presentation.

Perlo disclaims all responsibility and is not bound by the referencing via hypertext links of third-party resources present on the Internet network, both in terms of their content and their relevance.

The site owner reserves the right to request the removal of a link if it deems that the source site does not comply with the rules defined above.

Credits

Photos: © PERLO - VendorName
Graphics: © Perlo

GENERAL TERMS OF USE

PERLO, a Simplified Single-Member Company with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 930 910 245, whose registered office is located at 6 Cité de l’Alma, 75007 Paris, represented by Fausto Magro in his capacity as President, operates a marketplace on its website, hereinafter referred to as the " Site."

PREAMBLE

Perlo offers a marketplace service, hereinafter referred to as the "Marketplace" or "Perlo," allowing buyers, hereinafter referred to as the "Buyers," to connect with professional sellers also registered on the Site, hereinafter referred to as the "Sellers," to purchase design decoration and furniture items offered by the Sellers, hereinafter referred to as the "Products."

To use the Marketplace, the Buyers agree to comply with these General Terms and Conditions of Sale, hereinafter referred to as the "GTC," without restriction or reservation.

Acceptance of these GTC is indicated by a validation click prior to payment of the order on a link directing the Buyers to these terms.

Sales made through Perlo between the Buyers and the Sellers are also governed by the Sellers' delivery and return conditions, with Perlo acting as an intermediary between the parties.

ARTICLE 1 - PURPOSE

These General Terms and Conditions of Sale (GTC) are intended to define the conditions of use of Perlo by the Buyers and specify the conditions under which Perlo provides them with the Site, allowing them to purchase Products from the Sellers.

Perlo reserves the right to modify these GTC at any time. However, the new GTC will not apply to transactions in progress at the time they come into effect.

It is reiterated that transactions carried out via the Marketplace for the purchase of Products are concluded directly between the Buyer and the Seller. Under no circumstances can Perlo be considered the seller of the Products purchased through the Marketplace, and only the Seller, whose identity and specific delivery and return conditions are indicated on their dedicated page, is the contracting party to the Buyer for the sale of the Products.

By checking the box "I accept the general terms and conditions of sale" before proceeding to secure payment, the Buyer provides irrevocable acceptance, which can only be challenged in the limited cases provided for in these general terms and conditions of sale under the "right of withdrawal" section. 

 

ARTICLE 2 - ACCESS TO THE MARKETPLACE

Any User, a natural person, can access the Marketplace provided they are of legal age and have the legal capacity to contract.

Access to the Marketplace and its use are free and without any purchase obligation. Only the purchase of Products from Sellers is chargeable, according to the conditions specific to each Seller.

To place an order, the Buyer must create a username and password to open their account or may place an order as a guest, without creating an account. The Buyer agrees to keep their username and password confidential, not to disclose them to any third party, and to take all necessary precautions to maintain their confidentiality.

 

ARTICLE 3 - DESCRIPTION OF THE PRODUCTS

Each Product offered for sale on the Marketplace Site is described on a dedicated Product page. Products are presented on the Site with a detailed description of their characteristics. The information, features, photographs, and graphics displayed on the Site are provided by the Sellers and are for informational purposes only. It is possible that the actual perception of the Products may not fully match the presentation, particularly because the Products are primarily handcrafted. The price of the Products listed on the Marketplace Site is set freely by each Seller, in compliance with applicable laws and regulations.

The price is fixed, stated in euros, and includes all taxes and fees, excluding delivery charges.

The price of the Products can be changed at any time by the Seller, without affecting the price of a Product order that has already been confirmed by the Buyer.

 

ARTICLE 4 – SELLER LISTING

Each Seller is solely responsible for the descriptions of their Products and the pre-contractual information provided to Buyers. The Seller independently and freely sets their own sales and delivery conditions.

The criteria for ranking offers may vary depending on the user’s navigation. On most pages, offers are ranked according to the relevance of the products relative to the Buyer’s search. The Buyer can alter the ranking by selecting a different sorting criterion.

Sellers agree to comply with the laws and regulations applicable to them as professionals concerning the Products they sell on the Marketplace.

In the event of non-compliance with these commitments and to maintain the quality of its platform for Perlo's Buyers, Perlo may temporarily or permanently de-list the Seller and any or all of their Products.

ARTICLE 5 - ORDER 

Ordering Products presented on the Marketplace is only possible online, on the Site, and according to the following process:

• The Buyer selects the Product(s) they wish to purchase and adds them to their cart.

• Delivery charges are added to the price of the Product(s) based on the chosen delivery method.

• The Buyer reviews the details of their order and the total price (Product price(s) and delivery charges) and confirms their choice of Product(s).

• The Buyer acknowledges and accepts these GTC during the order confirmation process.

• The Buyer proceeds with payment for the order.

• The order for Product(s) is forwarded to the Seller.

When the Seller confirms all or part of the order, this step formalizes the sales contract between the Buyer and the Seller.

As a Marketplace, Perlo is not responsible for shipping the Products; Sellers are in charge of the shipments.

The Buyer can place an order on the Site via the internet 24/7.

Product availability is indicated on the Site, on each Product’s descriptive page. At any time, Buyers can access their cart by clicking the designated button.

Some Products are available only on order, so delivery times for these items are extended due to the manufacturing time. The manufacturing time for the product will be indicated on its descriptive page.

If, despite Perlo's and the Sellers' best efforts, a Product is found to be unavailable after the order, Perlo will inform the Buyer by email as soon as possible and will refund the price of the ordered Product no later than thirty (30) days from the payment of the amounts already paid.

ARTICLE 6 – PAYMENT 

Products are payable in euros on the day of the order. Payment is made by credit card via the authorized payment service provider Stripe, and banking details do not pass through the Site.

The banking information provided during payment is protected by SSL (Secure Socket Layer) encryption. This ensures that these details are not accessible to third parties.

The Buyer's order is recorded and validated as soon as the payment is accepted by the bank.

The validated order will only be considered effective once the secure payment center has approved the transaction.

Payment for the order is made exclusively in euros, in a single installment, at the time of order confirmation using one of the following options:

• Credit Card: Visa, Mastercard, American Express, Apple Pay

ARTICLE 7 - DELIVERY 

Delivery of the ordered Product(s) by the Buyer is ensured in mainland France and in Europe for certain Sellers, subject to the delivery territories specified by the Seller.

Delivery is made to the address provided by the Buyer. Neither the Seller nor Perlo can be held responsible for non-delivery of the Product(s) due to an error in the delivery address provided by the Buyer.

The Seller is obligated to adhere to the delivery method chosen by the Buyer from those offered by the Seller. Shipping costs are those specified at the time of order finalization and are accepted upon order confirmation. The Seller commits to dispatching any ordered Product according to the terms and timelines indicated at the time of order.

The Buyer will receive an email notifying them of the shipment of the ordered Product(s) by the Seller.

In accordance with consumer protection laws, the Buyer may cancel the sales contract immediately if the Seller fails to ship the order within the specified time and after a reasonable period granted by the Buyer for the Seller to proceed with shipping. In such cases, the Seller must refund all amounts paid within a maximum of fourteen (14) days from the contract cancellation date.

If there are any reservations about the delivery of the order (damaged package, already opened, etc.), the Buyer must notify the carrier at the time of delivery and the Seller as soon as possible by returning to their order via their customer account, contacting Perlo at support@perlo.co, or through online chat.

The Seller will provide the Buyer with a delivery note and a purchase invoice or any other document allowing the Buyer, if necessary, to exercise their warranty rights.

ARTICLE 8 - RIGHT OF WITHDRAWAL

In accordance with consumer protection laws, any Buyer has a fourteen (14) day right of withdrawal from the receipt of the ordered Product, allowing them to return the Product without having to provide reasons or pay a penalty.

The right of withdrawal is excluded, in accordance with consumer protection laws, once the Products have been unsealed by the Buyer after delivery, if the Products are made to the Buyer’s specifications, or are clearly personalized.

Since most of the Products presented on Perlo are personalized, the right of withdrawal is often excluded. Products that cannot be returned will be clearly marked.

The Buyer must contact the Seller by returning to their order via their customer account to exercise their right of withdrawal and to organize the return of the Product in accordance with the return policy provided.

For any return, the Buyer will contact Perlo via chat or email at support@perlo.co, which will arrange the return with the Seller and provide instructions for returning the Product, if a return is possible.

The Seller will acknowledge receipt of the withdrawal request by email within 48 hours on business days.

Perlo advises the Buyer to return Products via registered mail or with additional insurance to ensure compensation up to their actual market value in the event of loss or damage. In any case, the return is at the Buyer’s risk. The Buyer should retain proof of return.

Returned Products must be intact, in perfect resellable condition, in their original packaging. They must not have been used or suffered any damage, however minor, and must be in perfect cleanliness. Any Product that is damaged, incomplete, or whose original packaging is damaged will not be refunded or exchanged.

ARTICLE 9 - PRODUCT WARRANTY

All Products sold on the Marketplace benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with the provisions of Articles L.217-1 and following of the French Consumer Code and Articles 1641 and following of the French Civil Code.

The Buyer is informed that the Seller of the Product is the sole guarantor for these two legal warranties. The Buyer must contact the Seller via messaging to exercise these warranties.

The Buyer has a period of 2 (two) years from the delivery of the Product to act under the legal warranty of conformity. In this case, the Buyer may choose between repair or replacement of the Product, subject to the cost conditions specified in Article L.217-9 of the Consumer Code.

The Buyer is not required to prove the existence of the conformity defect of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand Products, for which this period is reduced to six (6) months.

Additionally, the Buyer may choose to exercise the warranty against hidden defects as per Article 1641 of the Civil Code. In this scenario, the Buyer may choose between rescinding the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the Civil Code.

These warranties are without prejudice to the right of withdrawal and apply independently of any commercial warranty that may be granted by the Seller.

ARTICLE 10 - PERSONAL DATA

Perlo is committed to complying with applicable regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR).

The following provisions complement Perlo's Personal Data Protection Policy and the information provided by each Seller.

The Buyer is informed that all necessary information and data concerning them for managing their account and accessing the Marketplace are processed by Perlo.

However, when placing orders for Products on the Marketplace with a Seller, the Seller also processes personal data necessary for delivery and handling of any claims that may arise.

Therefore, the Seller is also responsible for processing the personal data and information of the Buyer necessary for the delivery of the ordered Products and for handling any claims that may result.

In accordance with Regulation (EU) 2016/679 on the protection of personal data, visitors or Buyers of the site have the following rights regarding their data: right of access, right to rectification, right to erasure (right to be forgotten), right to object, right to restriction of processing, and right to data portability.

Buyers can also set directives regarding the retention, erasure, and communication of their personal data after their death.

To exercise these rights, the Buyer should contact support@perlo.co and include a copy of their identification. 

 

ARTICLE 11 : INTELLECTUAL PROPERTY

The entire content (texts, comments, works, illustrations, images, videos, graphics, sounds, including underlying technologies) displayed on this Site is protected by copyright and intellectual property rights worldwide. In this respect, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to any different or more restrictive provisions of the Intellectual Property Code. Any other use constitutes infringement and is sanctioned under Intellectual Property law, unless prior authorization is obtained from Perlo. Any total or partial reproduction of Perlo's catalog is strictly prohibited.

Any individual or entity with a website wishing to place a simple link directly to this site must request permission from Perlo. Authorization granted by Perlo does not constitute any implied affiliation agreement and is not given on a permanent basis. Upon Perlo's request, such a link must be removed.

 

ARTICLE 12 : SEVERABILITY

 change in legislation, regulation, or a court decision rendering one or more provisions of these Terms and Conditions (T&Cs) null and void shall not affect the validity of the remaining T&Cs. Such a change or finding shall not allow the Buyer or User to disregard these T&Cs.

If a condition is not explicitly mentioned, it shall be governed by the practices and usages in the distance selling sector applicable to companies headquartered in France.

The relationship between Perlo and the Buyer is exclusively governed by these T&Cs, to the exclusion of any other conditions appearing on the Site.

 

ARTICLE 13 : DURATION AND APPLICATION

These T&Cs apply for the entire duration that the services offered by Perlo are available online. They may be modified at any time by Perlo. The applicable T&Cs are those in effect at the time of the order registration.

 

ARTICLE 14 : APPLICABLE LAW AND JURISDICTION

Sales of Products by the Sellers on the Perlo Marketplace are governed by French law. In the case of a consumer Buyer, any dispute relating to the existence, interpretation, execution, or termination of the contract between a Perlo Seller and the Buyer, even in the event of multiple defendants, shall fall under the exclusive jurisdiction of the court of the Buyer’s domicile, unless an amicable agreement is reached.

Perlo Sellers and the Buyer agree to seek an amicable resolution before taking legal action before the competent courts.

According to Article L. 612-1 of the French Consumer Code, "Any consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with a professional." This applies to disputes related to the performance of a sales or service contract between a consumer and a professional.

Online Dispute Resolution Platform: Pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform, which facilitates the independent extrajudicial resolution of online disputes between consumers and professionals within the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

In the case of a professional Buyer, any dispute relating to the existence, interpretation, execution, or termination of the contract between Perlo and the Buyer, even in the event of multiple defendants, shall fall under the exclusive jurisdiction of the Paris court, unless an amicable agreement is reached.

Updated on  23/07/2023