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Terms and Conditions of Sale
 PREAMBLE
The following selling terms and conditions govern the relationship between PERNAC Paris, with the ABN number 492 114 152, owner of the website www.pernac.com, whose head office is at 91 rue du Faubourg St Honoré, 75008 PARIS (France) hereafter named "PERNAC" and the party that purchases from the PERNAC website http://www.pernac.com, hereafter named "the customer".
Both parties agree that orders to PERNAC via the internet will be governed by these selling terms and conditions, and not with any other conditions available on the website http://www.pernac.com.
GENERAL LAYOUT
 The website www.pernac.com has been created by PERNAC Paris, which owns all rights associated with it. Except when the webmaster allows, it is forbidden to copy, download all or a part of the content of the website.
The products sold through the website are described in the website including images, names, colours and characteristics. The images and drawings shown on the website and the product descriptions are not contractual.
ARTICLE 1 - PRICES
1.1 - Product prices are in AUD including taxes, but don't include the delivery price.
1.2 - All orders from Australia and New Zealand should be paid for in AUD.
1.3 - PERNAC retain the right to modify our prices anytime. Products will be charged at the price when the order is confirmed, as specified in article 3-2 of these selling terms and conditions.
ARTICLE 2 - ORDERS
2.1 - The customer declares to have known and accepted these selling terms and conditions before ordering.
2.2 - The order will be completed through the website : http://www.pernac.com.
2.3 - Both parties acknowledge that products available on the website http://www.pernac.com may not be available at the time of ordering.
2.4 - When data is saved through "My account", customers should make sure that all the information provided is exact and complete. Any missing information should be transmitted as soon as possible.
2.5 - Only people who are able to sign contracts concerning the goods and services available on this website are able to order through the website www.pernac.com.
2.6 - PERNAC retain the right to suspend or close a customer's account that conflicts with the present selling terms and conditions. Any person whose account is suspended or closed will not be able to order through the website www.pernac.com without the agreement of PERNAC.
ARTICLE 3 - VALIDATION OF ORDERS
3.1 – The order is considered as accepted by PERNAC if payment has been received by a maximum 8 days after the order.
PERNAC will confirm acceptance of the customer's order by their choice of e-mail, phone, fax or letter. This confirmation, or if necessary refusal of the order, will be confirmed to the customer in a maximum of two days after receipt of the order and payment (except in special cases advertised on the website).
3.2 - The contract of sale is concluded when the customer, after the opportunity to verify the detail of the order, the total price, and to correct any errors if necessary, confirms the order to PERNAC.
3.3 - Orders confirmed by the customer mark the conclusion of the selling contract and denotes the acceptance of price, description and quantity of products and of these selling terms and conditions.
3.4 - The order information is kept by PERNAC and constitute proof of the transactions.
ARTICLE 4 - FABRIC AVAILABILITY
4.1 - PERNAC make their best efforts to keep fabric stocks up to date on the website, however, sometimes some fabric may be out of stock. In this case, PERNAC will suggest alternative fabric at a quality that is at least the same or better.
4.2 - In case of non availability of the fabric after confirming the order (article 3), PERNAC will inform the customer by e-mail or letter. The customer is entitled to a refund of the exact price or replacement of the product if it has already been paid.
4.3 - In case of refund, it will be made by crediting the customer's bank account or by cheque, a maximum of fifteen days after payment by the customer.
ARTICLE 5 - DELIVERY
5.1 - PERNAC make their best efforts to ensure delivery within 18 working days from the date of the order and payment. Any delays are due to specific treatment of the order and delivery.
5.2 - PERNAC will advise customers of any expected delays.
5.3 - Shipping dates are displayed on the website as an indication. The date of expedition is the date PERNAC passes the parcel to the shipping forwarder. In case of non availabiliy of ordered products PERNAC will contact the customer directly. In this case the customer may ask for a refund of the payment if we cannot provide a product at the same price and quality as the one ordered. PERNAC will refund the customer within 30 days of the order.
5.4 - Shipping dates to the customer may change depending on the delivery country. Times are displayed only as an indication on the website www.pernac.com, PERNAC cannot be held responsible for any shipping delays from when the order has been placed with the freight forwarder.
5.5 - PERNAC cannot be held responsible for any shipping delays from when the order has been placed with the freight forwarder.
5.6 - PERNAC cannot be held responsible for delayed deliveries if the customer is not present at the time of delivery or because of any incorrect information provided to PERNAC. Products are delivered to the delivery address provided at the time of the order.
5.5 - If the customer or someone else who can receive the parcel in the name of the customr is not present during the delivery, the freight forwarder will leave a letter, asking the customer to pick up their parcel from their address.
5.7 - The property of the goods and all risks related to them are transferred to the customer the moment the customer takes possession.
5.8 - The customer can only issue reserves during delivery in case of non comformity quantitatively of the order.
5.9 - Any reserve should be notified to the freight forwarder upon delivery. A copy of the reserve should be sent to PERNAC (by email or fax) no later than 12 hours after the reserve is issued. The customer should provide with this reserve confirmation by the freight forwarder.
5.10 - In case of non conformity of the products corresponding to the order the customer should send PERNAC an explanatory letter or e-mail. PERNAC will provide, depending on the case, replacement or alteration to the products. The disputation should be sent by a maximum of seven (7) days after the delivery of the order. Any disputation after this date cannot be accepted. The products should be sent back to PERNAC in the same condition as the customer received them and the shipping costs will be paid by the customer.
5.11 - If purchasing from countries other than Australia and New Zealand the customer will be be responsible for customs fees or any taxes.
ARTICLE 6 - PAYMENT
6.1.1 - The customer can pay online by credit card through a secure payment gateway. Credit card numbers and expiry dates are encrypted and transmitted to PAYPAL using secure socket layer technology (SSL). PERNAC or any other party cannot access any of the customers credit card details. These details are used only in case of possible return in order to facilitate a refund.
6.1.2 - The price of the order is debited from the account when the customer validates the payment.
6.1.3 - The information saved and kept by PERNAC is proof of the order. The data saved by the payment system is proof of the financial transaction.
6.1.4 - Customer invoices are available on the PERNAC website in the section "My account".
6.2 - Payment by bank transfer
6.2.1 - The bank account details are available on the payment page of the PERNAC website. Any bank fees charged are at the customers expense.
6.2.2 - The order will be confirmed with the customer from receipt of payment by PERNAC. All delivery dates commence from the date of receipt of payment and can then be modified from the date of order.
6.2.3 - A customer invoice is issued and this is available through the website http://www.pernac.com.
6.2.4 - Once the customer has validated the order, PERNAC will hold the products for a period of 8 days. After this time if payment has not been received by PERNAC, the products will be made available for sale, and the customer may not be able to benefit from any discounts they may have received on the date of their purchase.
ARTICLE 7 - REVOCATION
7.1 - There are no revocation rights for made to measure articles. Once paid for, no revocation will be allowed on made to measure articles (specific measures…) and all non standard articles including specific additions or modifications (made to measure or personnalized clothes...).
7.2 - For any other products sold online (ties, cufflinks, gift cards...), the customer has seven (7) days from the date of order to cancel the sale contract concluded when validating the order (article 3). If the products have already been delivered to the customer they should be returned to PERNAC and any shipping costs borne by the customer.
ARTICLE 8 - GUARANTEE / RESPONSIBILITY
8.1. - All our products comply with Australian legislation.
8.2 - PERNAC cannot be held responsible in case of fabric out of stock, shipping delays, industrial disputes or force majeure, and more generally for any event that cannot be direclty linked to us.
8.3 - The product images displayed on the website www.pernac.com are not contractual.
8.4 - Customers use the PERNAC website at their own risk.
8.5 - PERNAC has the obligation and the necessary means to provide our services. The PERNAC responsibility cannot be engaged for any inconvenience or damage linked to the use of the internet network, especially a service break down, an outside intrusion, the presence of electronic viruses … PERNAC and the customers cannot be responsible for any non excecution of the contract because of force majeure, including war, riots, insurgence, carriage discontinuation, import/export problems, strikes, lock-out, shortage, fire, earthquakes, storms, floods...
8.6 - Customers acknowledge and accept that in any measure allowed by the applicable legislation, PERNAC cannot be held responsible for any direct or indirect damages (even if realisation of these damages was known and may have been anticipated by www.pernac.com), which can come from the use or the impossibility to use the website or the content.
ARTICLE 9 - REFUND
9.1 - The refund of products as detailed in article 7 will be made in a timeframe which will not exceed 30 days after the products are received by PERNAC.
9.2 - The refund will be made by crediting the customers bank account or by cheque issued to the customer who ordered, and sent to the invoicing address. No shipping against the refund will be accepted.
ARTICLE 10 - CUSTOMER SERVICE
For any information or questions regarding these terms and conditions please : contact customer service
ARTICLE 11 - GOVERNING LAW
This contract is governed by Australian law. Any dispute will be entertained in Australia under Australian law.
ARTICLE 12 - CUSTOMER INFORMATION
PERNAC respects and protects all customer information. All customer information collected by PERNAC is treated with confidentiality based around the national privacy principles as outlined in the PERNAC privacy policy.
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