The e-commerce sites www.perfectibility.eu (the ‘Sites’) are online sites selling jewelry and clothing under the “Perfectibility of Man” brand (the ‘Product’) which belong to PERFECTIBILITY OF MAN BVBA, whose registered offices are at Baudelostraat 97, 9000 Gent, Belgium, company registration no. BE0669.655.138, tel. +32 496598324 (referred to hereinafter as ‘Perfectibility of Man’).
Internet users wishing to buy Perfectibility of Man Products are referred to in these General Terms and Conditions as ‘the Customer’. Internet users that create a login at the Sites are referred to hereinafter as ‘the Members’.
The Customer has been able to download and print these General Terms and Conditions.
Scope of application
The present General Terms and Conditions govern the rights and obligations of the Parties arising out of the online sales of Products offered on Sites belonging to PERFECTIBILITY OF MAN BVBA, Belgium. Although the Sites are aimed at European countries, Perfectibility of Man provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries. The General Terms and Conditions may not be varied without Perfectibility of Man’s express prior consent in writing.
Products Perfectibility of Man offers are those as they appear on the Sites at the time the Customer implements their order subject to those Products being available. Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Perfectibility of Man’s IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties. To place an order, the Customer goes to the heading of their choice, chooses the product, color and size they wish to receive and then click on ‘Add to cart’. This puts the article selected in the ‘Cart’. The Customer can correct their order as long as they are in the ‘Cart’. If the Customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot now be changed.
The Customer will be sent an initial e-mail confirming their order once they have made their purchase in any case. They will then get a second e-mail when their order is dispatched. All contractual details of the order will be communicated to the Customer when they registered at the time they confirmed their order.
Perfectibility of Man agrees to make every effort to deliver all orders.
Perfectibility of Man cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Perfectibility of Man will inform the Customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it. Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Perfectibility of Man will ask its bank to refund the amount paid for the products in question immediately, informing the Customer by e-mail accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank. Perfectibility of Man will in any case make the refund within 30 days.
All Products offered for sale on Sites are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Perfectibility of Man cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colors and dimensions.
Prices and Invoicing
Prices are those as shown on Sites at the moment the Customer places their order. Prices may vary from one Site to another, as they are aimed at different countries and are subject to different rules, including on VAT. The prices which apply to the Customer are those stated on the Site aimed at the country from which the Customer places their order. Customers must place their orders from the country in which they are usually resident/want the items delivered. Orders cannot be placed in one country for delivery to another.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.
Perfectibility of Man reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.
The Customer agrees to Perfectibility of Man sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via the contact form.
Products will remain Perfectibility of Man’s property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
Purchases can only be paid for online by Paypal, a well-known, trusted, and secure way to make payments over the Internet. The Customer can use their existing PayPal account or pay by credit card even if they don’t have a PayPal account. They can use Visa, MasterCard, Discover, or American Express, or their bank account to make PayPal payments. The Customer’s account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer’s bank has given its consent to Perfectibility of Man. Should the Customer’s bank refuse payment, the order will be refused automatically.
When making a payment the Customer are temporarily transferred from our site to the secure PayPal web site. No financial information, passwords, credit card numbers or personal information other than your name, email address, and shipping address is received by Perfectibility of Man. Although PayPal is extremely secure, Perfectibility of Man is not responsible for protecting the personal information the Customer share with them. The Customer is encouraged to read the related PayPal policies carefully.
The Customer warrants they are authorised to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Perfectibility of Man may refuse the order.
Perfectibility of Man uses Paypal to handle payments online. Perfectibility of Man has no access to its Customers’ confidential payment details, nor does it keep them.
Perfectibility of Man reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Perfectibility of Man may also refuse an order should the Customer not have paid for a previous order, wholly or in part.
When confirming their order, the Customer can choose delivery to a given address (home, work, or other). Should the Customer opt for delivery to a given address, Perfectibility of Man will do its best to ensure that that order is dispatched to that address within a few days of confirming the order. The carrier will attend that address between 08.00 and 18.00 on working days and will hand over the package(s) to the addressee or anyone else present at that address. If no-one is there, a message will be left in the mailbox of the address stated which can be used to ask for another attempt to deliver, either to the same address or to another address or to one of the collection points. Should the Customer fail to arrange for redelivery within three weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to Perfectibility of Man automatically, who will then contact the Customer to arrange for the order to be delivered, in which case the Customer may be asked to pay additional delivery costs. Products ordered will be delivered to the delivery address as stated by the Customer during the ordering process and then subject to the terms and conditions described therein.
Orders can only be delivered to addresses within EU with exception of Malta.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Perfectibility of Man will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the Customer on delivery.
Products can be returned to Perfectibility of Man BVBA, Baudelostraat 97, 9000 Gent, Belgium as described in ‘Right to revoke and returns.
Right to revoke and returns
Unless the Sites expressly state otherwise, the Customer may notify Perfectibility of Man within 14 calendar days of receiving the Product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons. Should a Customer notify Perfectibility of Man that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the Product as above.
If the Product has already been delivered to the Customer, the Customer can exercise their right to revoke by sending an email to firstname.lastname@example.org including order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity.
The customer can also choose to cancel the complete order by sending an email to service@Perfectibility.eu and including the following information: order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity.
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Perfectibility of Man that they wish to revoke their purchase. Perfectibility of Man will be aware of this as soon as the Customer has completed the return document in full. The Product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer retains one copy) and a completed return document. Any returns for which the sender cannot be identified will be refused. After the 14 calendar days, Perfectibility of Man can no longer accept returns and will return them to the sender. No returns can be accepted physically via Perfectibility of Man’s shops. Returns must be sent to the address below, which is also stated clearly on the return document.
The costs and risks involved in returns will be borne by the Customer.
Purchases will be refunded within 14 calendar days of Perfectibility of Man receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Purchase will be refunded within 14 days of cancellation. Perfectibility of Man reserves the right to postpone refunds until the goods have been received.
Complaints & Warranty
Perfectibility of Man warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use. This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
The Customer is guaranteed against any non-compliance which exists when a Product is delivered and which manifests itself within two years of being delivered. Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Perfectibility of Man of the non-compliance via Customer Service in writing in any case within two months of discovering the defect. Customers must get in touch our customer service at Service@perfectibility.eu.
Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer’s negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
In case of Customer complaints the Customer can contact Perfectibility of Man at service@Perfectibility.eu . We will revise your complaints on working days during business hours. We will make every effort to answer all your questions within 48 hours.
Providing this warranty and customer support is important to Perfectibility of Man. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the Products, relabeling the Products or exporting them outside the European Union for commercial purposes. The Products are sold for private purposes only.
The costs incurred by Perfectibility of Man for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement. Perfectibility of Man also reserves the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.
All texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Sites are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Perfectibility of Man. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Perfectibility of Man’s prior consent in writing. They remain exclusive property of Perfectibility of Man BVBA. Any infringements of this will be pursued in the courts.
Perfectibility of Man cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer’s systems incurred through visiting the Sites including being hacked or computer viruses.
Perfectibility of Man cannot be held liable for any errors which may be in photographs or text used in describing products on Sites.
Perfectibility of Man cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
If Perfectibility of Man discovers an error in the price of any Products which the Customer has ordered Perfectibility of Man will inform the Customer possible and give the Customer the option of reconfirming at the correct price or cancelling the order. If the Customer cancels and has already paid for the Products, the Customer will receive a full refund.
In any cases where Perfectibility of Man is or could be held liable, Perfectibility of Man’s liability will be limited to the amount the Customer actually paid for the order concerned.
Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Gent will have exclusive jurisdiction to hear the case. The agreement between the parties is governed by Belgian law.
Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact Perfectibility of Man at email@example.com. Perfectibility of Man warrants it will offer Customer answers within five working days.
Varying General Terms and Conditions of Sale and Nullity
Perfectibility of Man may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders. Perfectibility of Man reserves the right to vary the design and content of its website at any time.
Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the website are changed. They can do this by going to the “My Account” section of the Sites and then clicking on “Account Details”.
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.