Last Updated: December 15, 2015
We may also change the content on our Site at any time without notice. Further, we are not liable to you for any changes we make to our Site. Be aware that the content on our Site is not necessarily complete or up-to-date.
Except as provided above, no other changes to these Terms will be valid unless agreed to in writing between both you and us or our authorized representatives.
To use our Site or purchase our products, you must be 18 years of age or older. We have this requirement because only people 18 years of age or older may form binding contracts with us. By using our Site and purchasing our products, you represent and warrant that you are 18 years of age and can enter into binding contracts. If you do not meet these requirements, you must not use our Site or purchase our products.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. Perla Formentini owns all intellectual property rights in our Site, including all of its content, features, and functionality, such as products, information, text, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"). All Materials and Content are Perla Formentini property or that of our suppliers or licensors and is protected by patent, trademark, copyright, and other intellectual property rights under United States, Hong Kong and/or foreign laws (“Intellectual Property Rights”).
You agree not to violate our Intellectual Property Rights. Without the specific prior written permission of Perla Formentini, you may not publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Site, including its Materials and Content; copy or reproduce the Site, including its Materials and Content, or any part thereof; remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Site, including its Materials and Content; use the Site in any fashion that may infringe any Intellectual Property Rights or proprietary right of Perla Formentini, its third-party providers, or any other third-party; or modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Site, including its Materials and Content, or any part thereof (except to the extent applicable laws specifically prohibit such restriction).
Save and except for Perla Formentini Intellectual Property (as hereinafter defined), we grant you a limited, non-exclusive, revocable and not transferrable license to use the Materials and Content on our website only in the following ways: (a) Your computer may temporarily store copies of Materials and Content on our Site that are related to your ability to access and view those Materials and Content; (b) Your computer may store files that are automatically cached by your web browser for the purposes of enhancing our Site display; (c) You may print or download one copy of a reasonable number of pages of our Site for your own personal, non-commercial use. However, you may not create additional copies of these pages, nor may you publish or distribute any copies of any pages of our Site, including the copy you may download for personal use.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so.
As between you and Perla Formentini, (or any other company whose marks appear on the Site), Perla Formentini (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, logo and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Perla Formentini logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Perla Formentini Intellectual Property") are owned by Perla Formentini and may be registered in the United States and internationally. You agree not to display or use the Perla Formentini Intellectual Property in any manner without Perla Formentini's prior permission. Nothing on the Site should be construed to grant any license or right to use any Perla Formentini Intellectual Property without the prior written consent of Perla Formentini.
You may be able to create a user account (“Account”) on our Site. By doing so, you will provide information to us during the registration process. You make the following commitments to us when registering for an Account:
You are responsible for making sure that all information you provide on our Site is truthful, accurate, and complete. You will not provide any false information during the registration process.
You agree to keep all information you provide as part of the registration process confidential, including your user name and password.
You have no right to transfer your Account to any other individuals in any manner. You agree not to provide any other person with access to our Site, or portions of it, through the use of your personal user name, password or other security information.
Your use of the Site does not violate any U.S. or other applicable law or regulation.
You must notify us immediately of any unauthorized access to or use of your Account, including your user name or password or any other breach of security that you become aware of.
Perla Formentini is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
We do our best to keep our Site safe and secure, but we cannot guarantee it. Violations of system or network security may result in civil or criminal liability. Perla Formentini will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Disrupting, interfering with, violating the security of, or attempting to gain unauthorized access to, the Site, the server on which our Site is stored, or any computer, server, computer network, or database connected to our Site;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to use our Site in any manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Site, including, but not limited to, overloading, "flooding", "mailbombing" or "crashing" the Site, or attacking our Site via denial-of-service attacks or a distributed denial-of-service attack;
Uploading, transmitting, distributing, running, or otherwise introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Using any manual process to monitor or copy any of the material on our Site or for any other unauthorized purpose without our prior written consent;
Using any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our Site;
Running Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site;
Otherwise attempting to interfere with the proper working of our Site.
Product and Pricing Information
The information on this Site does not constitute a binding offer to sell Products described on the Site. Any order placed by you through our Site does not imply in any way that we have accepted your offer to purchase our Products. Perla Formentini reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. When you place an order for our Products through the Site, you are offering to purchase the Products subject to these Terms and will receive an acknowledgment email confirming receipt of your order at that time. The acknowledgement email is only an acknowledgment and does not imply in any way that we have accepted your offer to purchase our Products. When we send you a confirmation by email that our Products have been sent to you, a binding contract has been formed between Perla Formentini and you for the purchase of the Products. Only those Products listed in the confirmation email will be included in the contract formed under these Terms. Products displayed may be out-of-stock or discontinued, and prices are subject to change. If your credit card has already been charged for the purchase and your order is cancelled, Perla Formentini shall promptly issue a credit to your credit card account in the same amount being charged. The prices displayed are quoted in U.S. dollars unless a change in currency is selected. Perla Formentini is not responsible for typographical errors regarding price or any other matter.
You agree to purchase our products from us at the prices specified on our Site on the date you place your relevant order, including any shipping costs and applicable taxes. Unless otherwise specifically stated by us, the published prices applicable to our products do not include: shipping costs; gift wrapping costs; any sales, use, and excise taxes, and any other similar taxes, duties; any charges of any kind imposed by any governmental authority on any amounts payable by you to us.
You are responsible for ensuring that all details you provide to us are true and accurate, that you are an authorized user of the payment card or other authorized payment account used to place your order, and that there are sufficient funds to cover the cost of our products in your order. After receiving your order, we use a trusted third-party vendor to carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Our Products will not be shipped to you until this pre-authorization check has been completed. Your card will be debited once your order has been accepted.
All products ordered by you must only be purchased for your personal purposes, and not for any other purpose (such as commercial use).
Although Perla Formentini has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and Perla Formentini cannot guarantee that the user's monitor will accurately portray the ACTUAL colors, sizes, shapes of the products. Pictures and images on our Site are for illustration purposes only. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.
We reserve the right to adjust prices, products, and special offers at any time at our discretion.
When you order any of our products, they will be delivered within a reasonable time after the receipt of your order, subject to availability of our products and these Terms.
We will deliver your ordered products to the address you provide us during the checkout process (the “delivery address”) using our standard methods for packaging and shipping such products.
If you order multiple products, we may ship our products to you separately, depending on their availability.
Unless you can provide conclusive evidence proving otherwise, the products listed in the confirmation e-mail are conclusive evidence of the products you received.
We are not responsible for any products not delivered to you unless you give us written notice to email@example.com of the non-delivery within two weeks of the date when the products should have been received, assuming the ordinary course of events.
Risk of Loss
We retain responsibility for any damage or loss of our products until our products are delivered to the delivery address. At this time, you become responsible for any subsequent damage, loss or destruction to our products delivered to you.
Please refer to our Return Policy (www.perlaformentini.com/pages/returns), which is hereby incorporated into these Terms by reference.
We may reject any order or cancel any purchase of products at any time in the following cases, subject to any applicable refund:
our products are not available or not in stock;
the information you provide to us in connection with your purchase is incorrect or cannot be checked;
your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems;
we have reason to believe that your purchase is intended for a further commercial activity;
there has been an error in the indicated price of the products; or
we cannot deliver our products to the address you have provided.
We seek to ensure that all descriptions of our products and corresponding list prices on our Site are accurate and correct. In the event of any mistakes, we will try to resolve any price or description errors as soon as reasonably possible. If we believe that an error has affected your order, we will make all reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling the order. If we are unable to contact you, we will treat the order as cancelled. If we cancel the order or if you cancel the order, and you have already paid for our products, you will receive a refund of the price you paid for our products at the time of your order.
Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the Site or any of our other social media channels shall not be deemed confidential. By submitting or posting any User Content, you grant to Perla Formentini and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, adapt, translate, modify, create derivative works from, distribute, display, reproduce or use the User Content that exist now or in the future in any commercial or non-commercial manner whatsoever. Perla Formentini will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
Perla Formentini shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Perla Formentini retains the right, in its sole discretion and without prior notice, to remove, revise, refuse to post, or take any action with respect to any User Content at any time, and for any reason. Perla Formentini also reserves the right to (i) take any appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of our Site; (ii) terminate or suspend your access to all or part of our Site for any reason including any violation of these Terms; (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Site.
By submitting User Content, you represent and warrant that (i) you own or control all rights, including intellectual property rights, in and to your User Content and have the right to grant the license in this Section to us and any of our business associates, any licensees, and any successors and assigns; (ii) your User Content does not infringe on the intellectual property rights of any third party or contravene any applicable laws or regulations; (iii) your User Content does not contain false or misleading information; (iv) your User Content does not contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content; (v) your User Content does not contain any addresses, email addresses, phone numbers or any contact information or any personal information of any third party; (vi) your User Content does not contain computer viruses, worms or any other harmful files; and (vii) all of your User Content does and will comply with these Terms.
You are solely responsible for the User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not liable for the content or accuracy of any user contributions posted by you or any other user of our Site. Other than content provided by us, any statements and opinions expressed in User Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. You hereby agree to indemnify and hold Perla Formentini and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Notwithstanding our rights stated above in this Section, we do not review all User Content before it is posted on our Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or omission regarding any User Content provided by any user or other third party. We have no liability or responsibility to anyone whatsoever for any activities described in this Section.
Linked Third Party Sites
Our Site may include content or links and resources provided by third party sites. Perla Formentini makes no warranties of any kind regarding any non-Perla Formentini sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Perla Formentini makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Perla Formentini sites. Perla Formentini does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. We have no control over the contents of any third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimers and Limitation of Liability
Perla Formentini publishes information on its Site as a convenience to its visitors. While Perla Formentini attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Perla Formentini products described in the Site may not be available in your region. Perla Formentini does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO OUR PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS."
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE IN RESPECT OF OUR SITE, INCLUDING WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, FEATURES AND SERVICES PROVIDED ON THE SITE. PERLA FORMENTINI DOES NOT WARRANT THAT THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERLA FORMENTINI MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL PERLA FORMENTINI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR CAUSES OF ACTION, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Perla Formentini, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the Site, and any service or product made available to you through the Site; (ii) your violation of these Terms; (iii) your User Content; and (iv) your violation of any law or the rights of any third party. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Perla Formentini reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Perla Formentini in the defense of such matter. Perla Formentini will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
EVENTS BEYOND OUR CONTROL
Notwithstanding any other provision of these Terms, we are not liable or responsible to you, nor will we be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any part of these Terms, when and to the extent such failure or delay is caused, by any acts or circumstances beyond our control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown, power outage, failures or interruptions on our e-commerce backend services, payment processing services and/or software failures.
You agree that these Terms, and any controversy, difference, claim, dispute, action, cause of action, issue or request for relief between you and Perla Formentini relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Perla Formentini (collectively “Disputes”) will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You and Perla Formentini agree to submit all Disputes exclusively to binding, confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Perla Formentini.
Any Dispute arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
You further agree that if any provision of these Terms is held by an arbitrator or a court of competent jurisdiction (as the case may be) to be invalid, unenforceable, illegal or void for any reason, that provision shall be struck from these Terms, and the remainder of these Terms shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate in this Section shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
Regardless of any statute or law to the contrary, any Dispute must be commenced within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.
Notwithstanding the above, if you have in any manner violated or threatened to violate any Perla Formentini Intellectual Property Rights, we may seek injunctive or other appropriate relief in any appropriate competent court. You consent to exclusive jurisdiction and venue in these courts for such relief.
ENTIRE AGREEMENT; WAIVER and SEVERABILITY
These Terms constitute the entire and exclusive understanding between you and Perla Formentini with respect to the use of our Site and any products or services available through our Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Perla Formentini and you regarding the our Site and any products or services available through our Site. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Perla Formentini’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.
Perla Formentini reserves the right to immediately terminate the agreement between you and us under these Terms and/or your access to and use of the Perla Formentini website or any portion thereof, at any time and for any reason, with or without cause. Perla Formentini shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Perla Formentini website shall immediately cease.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, partnership, employment, or agency relationship exists between Perla Formentini and you as a result of this Agreement or your use of the Site.
You may not assign the Terms or any of your rights or obligations under the Terms without Perla Formentini's express written consent. The Terms inure to the benefit of Perla Formentini's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
With any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email us at firstname.lastname@example.org.