Terms & Conditions

Article 1 - Definitions

For the good comprehension of these Terms and Conditions, the following terms have the following meanings:

- Buyer: Individual person/consumer buying products on the website www.perfectmoment.com
- Seller: Perfect Moment Holdings Sàrl, c/o BDO SA, Route des Arsenaux 9, 1705 Fribourg, Switzerland (hereafter "PM"))
- E-mail contact: contact@perfectmoment.com
- Internet website: www.perfectmoment.com

Article 2 - Object

These Terms and Conditions are intended to define the rights and obligations of the Seller and the Buyer in connection with the products' sales through the website www.perfectmoment.com . They are exclusively reserved to individual Buyers and not to legally organized corporation.

Article 3 - Scope

These Terms and Conditions apply to all sales of products by the Seller to the Buyer, through the website.
PM reserves the right to adapt at any time the present General Terms and Conditions. In case of modification, the Terms and Conditions applicable on the order's day are still valid regarding this order.
An order will be taken into consideration by the Seller only after express acceptance of these Terms and Conditions by the Buyer, by checking the appropriate box on the website.

Article 4 - Order

4.1 Generalities

The Buyer orders the products through the website. All contractual information is presented in French and in English.

4.2 Validation

To pass an order, the Buyer must in a first step create a personal account by supplying to the Seller information allowing his identification and by completing an online form. The Buyer must particularly provide a valid e-mail address by filling the fields regarding his identity.

The Buyer declares having expressly taken knowledge of these Terms and Conditions before passing the order. He therefore recognizes that these Terms and Conditions are available in application of art. 1369-4 of the French Civil Code. Till the last step of the order's validation, the Buyer has the opportunity to come back to the precedent stages in order to modify and amend his order and all the relative information.

An e-mail confirming the order, containing all the relative information, will be sent to the Buyer a few seconds after the validation by the Buyer of his order.

4.3 Validity

The offers of the products on sale on the website are valid as long as these products are visible online and in the limit of the available stocks.
Photos and descriptions of the products have only an indicative value. Minor modifications of the products may occur without engaging the Seller's responsibility or having effect on the sale itself.

4.4 Running out of stock

At the reception of the order, the Seller checks the availability of the ordered product in the stock. In case of running out of the stocks of ordered products by the Buyer, the Seller will inform immediately the Buyer by e-mail. He will simultaneously transmit to the Buyer all information regarding the delay for the product to be available again. At reception of the e-mail, the Buyer may decide to wait for the ordered product to be available again. He also may ask the replacement of the product by another available product or the reimbursement of his order. In this last case, the Seller will reimburse the amount due to the Buyer within 30 days as of the reception of the e-mail sent by the Buyer.
If one of the ordered products is running out of stock, the rest of the order will be honored by the Seller.

Article 5 - Price and payment

5.1 Price

Prices are indicated in € on the website. They include local taxes (VAT), except the shipment costs and the duties. When purchasing items outside the EU, the prices indicated at check-out do NOT include VAT.
Shipment costs are free in case of a delivery of a minimal amount of € 400.
The Seller reserves the right to modify the published prices on the website, but the invoiced prices to the Buyer are those in force at the time of the order's confirmation by the Buyer.

5.2 Form of payment

The following methods of payment are accepted:
Visa
Master Card

5.3 Default of payment

PM reserves the right to refuse to execute an order or to make a delivery to a Buyer who has not wholly paid a previous command or who is in litigation due to a former order.

Article 6 - Delivery

6.1 Form of delivery

PM delivers the orders with the help of the shipping enterprise. The Buyer has a choice of standard or express delivery:

Standard delivery by Colissimo Poste or Express delivery by UPS.

All parcels are send with a request of signature at delivery.

6.2 Shipping costs

Shipping costs are calculated in consideration of the destination place of the ordered products and the weight of these. These costs are added at the end of the order in the Buyer's basket.

6.3 Shipping time

The Seller will dispatch the order within 48 hours from the moment the payment has been confirmed. The Buyer's items will be delivered to the address submitted when he/she placed its order.

Article 7 - Cancellation, return and reimbursement, exchanges

7.1 Cancellation

It is in fact no more possible to cancel the order once the products are shipped from our warehouse to the Buyer.

7.2 Right of return

After having received the ordered products, the Buyer has 7 days to return the ordered merchandise to the Seller without any justification. If the Buyer exercises his right of return in the 7 days, the Seller agrees to reimburse him in a maximum delay of 15 days after acceptation of the returned merchandise.
Returns outside of these timeframes may be accepted at the discretion of the Seller and may only be refunded as store credit.

*Please note that due to hygiene reasons returns on items such as bikinis and underwear are not accepted. From time to time, the Seller may designate other merchandise non-returnable. Any such designation will be noted in the description of the product
CAUTION: the right of return can't be exercised if the returned merchandise to the Seller has been modified and therefore can't be sold again normally. That means that all the products object of the right of return must be returned in perfect condition, in their original packaging with all the accessories. If it is not the case, the returned merchandise will be shipped again to the Buyer at his costs.
The Buyer who wishes to exercise the right of return must immediately contact the commercial service of the Seller per e-mail.

7.3 Reference error

If the Buyer receives a product not corresponding to the ordered product, due to a possible reference error (size, color, type of product, etc.), the Buyer has 15 days to return the mistakenly delivered product and ask for the initially ordered product to be delivered. He has also the right, in the same 15 days period, to return the mistakenly delivered product and to ask to be reimbursed.
CAUTION: the right of return can't be exercised if the returned merchandise to the Seller has been modified and therefore can't be sold again normally. That means that all the products object of the right of return must be returned in perfect condition, in their original packaging with all the accessories. If it is not the case, the returned merchandise will be shipped again to the Buyer at his costs.
The Buyer who wishes to exercise the right of return must immediately contact the commercial service of the Seller per e-mail.
After having received the mistakenly delivered merchandise, the Seller shall deliver the product corresponding to the initial order immediately.
If the Buyer chose to be reimbursed, the Seller shall reimburse her/him in a maximum delay of 15 days after acceptation of the returned merchandise.

7.4 Exchanges

The Buyer is able to exchange the items he/she purchased for another size or colour of the same model within 7 days from the date goods received. All exchanges are subject to product availability. *
The Seller is unable to exchange items for a different model. In that case the Buyer should return his/her items to the Seller and place a new order.
The Seller will only exchange items that are unused, in their original packaging, with all tags attached.
The Seller will cover the cost of the shipment of the goods the Buyer would like to exchange - applies only to the EU countries.
Buyers outside the EU will have to cover the cost of shipment. The Seller is not liable for items lost/damaged during transit.
To make an exchange the Buyer should log into his/her account and follow the "Exchange" procedure. At the end of this process, the Buyer will receive a confirmation from the Seller and an UPS address label.
The Buyer will then be able to book a free collection with UPS by visiting www.ups.com and selecting his/her country to find the telephone number of his/her nearest UPS.

*Please note that due to hygiene reasons exchanges on items such as bikinis and underwear are not possible.

Article 8 - Risks and transfer of ownership

8.1 Risks

Risks associated to the shipment of the ordered products are for the Buyer, starting from the moment they leave the Seller's warehouse. In case of shipment of the ordered products by the Buyer to the attention of the Seller, risks associated to the shipment of those products are also for the Buyer. The Buyer is free to address himself to the shipment company, in case of late delivery, theft or damage occurred to the ordered and/or returned merchandise.

8.2 Transfer of ownership

Transfer of ownership of the ordered products from the Seller to the Buyer takes place at complete cashing of the online order by the Buyer.

Article 9 - Guarantee

The Buyer benefits the hidden defects guarantee on the product (art. 1641 of the French Civil Code). If the delivered product is not in accordance with the designated product at the time of the order, the Buyer may ask the Seller to replace this product or to be reimbursed in accordance with art. 7.3 above.

PERFECT MOMENT® WARRANTY

The Perfect Moment® products are fully warranted to the original owner against defects in materials and workmanship. If a product fails due to a manufacturing defect, the Seller will repair the product without charge or replace it with the same or an existing comparable model.

This warranty does not cover damage caused by accident, improper care, negligence, laundering, normal wear and tear or the natural breakdown of colours and materials over extended time and use.

For warranty evaluation, the Buyer must return the product to Perfect Moment® Dealer where he/she purchased the product with the original purchase receipt. Any product returned without the sales receipt is not covered under warranty. The authorised Dealer will return the product directly to the Seller's Customer Service Department. The Seller requires that all products are in clean condition. Products that are dirty will be rejected and returned to Buyer charging freight.

The Seller will do his best to process the defected items within 15 days from receiving the goods, although in some cases it may take up to 30 days before items can be repaired/replaced.

Article 10 - Responsibility

The Seller's responsibility is limited to direct and predictable damages which may result from the appropriate use by the Buyer of the website and the delivered products. Responsibility of the Seller should not be involved in case of damages caused to the Buyer and/or to third parties by an inappropriate use of the ordered and delivered products.

Article 11 - Intellectual property

All the published elements within the website, such as sounds, images, photographs, videos, writing, animation, programming, graphic design, etc. is protected by the clauses of the Intellectual Property Code. The relative rights belong to the Seller.
The Buyer is therefore not authorized to use, reproduce, modify, adapt or translate all or part of these documents.

Article 12 - Personal data

The Buyer is informed that during his navigation and in the context of the order, personal data about him are collected and processed by the Seller. This treatment is exercised in conformity with the declaration of the Commission Nationale Informatique et Libertés pursuant to Act No. 78-17 of January 6th 1978.
The Buyer is informed that his data:
- Are collected fairly and lawfully,
- Are collected for specified, explicit and legitimate purposes,
- Will not be further processed in an incompatible way with those purposes,
- Are appropriate, relevant and not excessive in relation to the purposes for which they are collected and their subsequent treatment,
- Are preserved in a way permitting identification of concerned persons for a period that does not exceed the necessary time to the purpose for which they are collected and processed.
The Seller is also obliged to take every precaution to safeguard the security of data, and in particular that they are distorted, damaged or that unauthorized parties have access to it.
These data are used for the treatment of the order as well as to improve and customize the services offered by the Seller. They are not intended to be disclosed to third parties.
The Buyer shall have the right to refuse that his personal data are subject to treatment, and that this data are used for prospecting purposes, including commercial purposes.
The Buyer may also require the Seller to correct, complete, update or delete personal data which would be inaccurate, incomplete or which would not be useful anymore for him.

Article 12- Communication

It is expressly agreed that the parties can communicate with each other electronically for the needs of these Terms and Conditions, with the proviso that technical security measures intended to ensure the confidentiality of data exchanged are put in place. Both parties agree that the exchanged e-mails between them prove legitimately the terms of their exchanges and, when appropriate, of their commitments, particularly regarding the transmission and acceptance of orders.

Article13 - Partial invalidity

If a part of these Terms and Conditions appeared to be illegal or invalid, such invalidity would not lead to the nullity of the other clauses of these Terms and Conditions, unless those clauses are by nature non dissociable with the invalidated stipulation.

Article 15 – Applicable law

These Terms and Conditions are ruled by the French law.

Article 16 - Assignation of jurisdiction

The parties agree that in case of a dispute that may arise concerning the implementation or interpretation of the Terms and Conditions, they should try to find a compromise. In case of failure of this attempt of amicable resolution of the dispute, the latter shall be referred to the ordinary French jurisdiction court.

Article 17 - Language

Only the French version of the Terms and Conditions shall prevail.

Date: November 2010
Perfect Moment Holdings Sàrl, c/o BDO SA, Route des Arsenaux 9, 1705 Fribourg, Switzerland