Fernus Frères Srl owner of the “Perseo” trademark provides the online sales service under the following conditions:
- General Conditions
- 1.1 These conditions of sale and delivery apply to the sale and delivery of PERSEO products offered in e-commerce on the website www.perseo-watches.it [qui di seguito denominato il Sito Internet].Please read carefully all the conditions of sale and delivery reported below before placing an order for a product on the Website.
- 1.2 Please print a copy of these conditions of sale for any future reference needs to the order placed.
- 1.3 During the ordering process of our products, you will be asked to click on the button “I have read and accept the conditions of sale and delivery as well as the information on the protection of personal data”, in this way you will automatically accept the provisions described below relating to the conditions of sale and delivery and the information on the protection of personal data. Please note that if you do not accept these conditions, you will not be able to order the PERSEO products offered on the Website.
- 1.4 Questo sito è gestito da FERNUS FRERES SRL, sede legale in Via del Monte 13 – 40126 Bologna (Italia) Telefono +39 051221776, Partita IVA e cod. fisc. 03279530376, e-mail info@perseo.cc (qui di seguito denominata “Fernus Frères srl”),
- 1.5 The products purchased in e-commerce on the Website will be invoiced by Fernus Frères Srl, registered office in Via del Monte 13 – 40126 Bologna (Italy) Telephone +39 051221776, VAT number and tax code 03279530376, e-mail info@perseo.cc
- Your position2.1 If you order an item on the Website, you must ensure compliance with the following conditions:
- 2.1.1 To have the legal capacity to conclude binding contracts
- 2.1.2 To be of legal age
- 2.1.3 To be a natural person acting as a consumer
- Purchase and order
- 3.1 The order of a product on the Website is to be considered as an offer to purchase that product in accordance with these conditions of sale and delivery.
- 3.2 Once the order procedure has been completed, you will receive an order confirmation email to your email address, which will inform you that we have acknowledged your order, which in no case equates to acceptance of the same, since all orders are subject to authorization by Fernus Frères Srl. It is understood that Fernus Frères Srl reserves the right to ask you, prior to acceptance of your order and in order to promote the security of transactions and avoid fraud: – to confirm your telephone number for certain information relating to your order; – to send a copy of an identity document and/or certifying your address (photocopy of your identity card and/or photocopy of a certificate of residence valid for at least 3 months). You will then have 5 working days to send us these documents by email or fax in the required format to the address that will be indicated to you. Fernus Frères Srl is the sole recipient of these identity documents and the information contained therein. The documents you send us will be kept in our archives for one month.
- 3.3 Fernus Frères Srl is not responsible for any photographic or spelling errors on the website.
- 3.4 The information provided in the context of the order, including messages to be included in gift cards and texts or photos to be personalized (for example engravings), or photographs of your watch and your movement, may be refused without giving a reason. In this case, we are free to cancel the contract and refund you or cancel the order (as applicable). We assume no responsibility for the accuracy or suitability of this information for the purpose for which it is intended.
- 3.5 Fernus Frères Srl undertakes to honor orders within the limits of available stocks, it being understood that Fernus Frères Srl reserves the right to limit the number of Products that can be the subject of the same order and the number of identical models of a Product that can be ordered at one time. In any case, Fernus Frères Srl reserves the right to change this limitation at any time, even for certain periods of time and/or for certain Product categories. If the Products ordered are not available, we will send you an informative email and you will have the option to choose to wait until new availability of the Product, or to cancel the order.
- 3.6 Fernus Frères reserves the right to refuse any order placed by a customer with whom there is an ongoing dispute for the payment of a previous order, and/or n in accordance with these conditions of sale and delivery.
- 3.7 We will confirm receipt of your order, purchase confirmation and shipping confirmation by email. The purchase confirmation will constitute proof of the existence of a contract between Fernus Frères Srl and you, having as its object only and exclusively the products included in the same.
- 3.8 Furthermore, the aforementioned contract will not concern any other products ordered by you for which you have not received, even in separate form, any order confirmation
- Price and payment
- 4.1 The price of each product is that indicated on the Website for the corresponding product, except in the case of manifest error. The indicated price includes VAT at the rate currently in force. Any change in the applicable rate may affect the price of the products. Prices are subject to change at any time. The applicable prices are in any case those in force on the day and at the time the order is validated by you.
- 4.2 Prices are subject to change, which however will not be applied to orders already confirmed with an order confirmation email.
- 4.3 A large number of products are sold on our site and it is always possible that, despite our efforts, some of the products on the site have an incorrect price indication. As a rule, we check the price during our shipping procedure so, if the actual price of a product is lower than the price indicated by us, we will refund the sums paid by you during the product shipping procedure. If, however, the actual price of a product is higher than the price indicated by us, we may, at our discretion, either contact you for instructions, before sending you the product, or reject the order by giving you due notice.
- 4.4 We are not obliged to deliver a product to you at an incorrect price if the error is obvious and you could have, using normal diligence, detected it. In this case, we will contact you before the delivery of the product.
- 4.5 Payment can be made via PayPal account or credit card with direct bank transfer
- 4.6 All payments by credit card are subject to a validity check carried out by the card issuer who must also authorize its use. The order will be considered effective only after the bank payment centers have given their confirmation. The personal data of the credit card holder necessary for the aforementioned checks can therefore be exchanged with third parties. We decline all responsibility for the delay or failure to deliver your order in the event that the credit card issuer does not authorize payment.
- 4.7 No amount will be charged by us to your credit card until the moment of shipment of the products ordered. We inform you that the shipment will not be made until full receipt of your payment. We therefore reserve the right to postpone the shipping date until we have received full payment for the products ordered and in any case to cancel the order, giving you immediate written notice, in the event that you fail to make payment within the terms without a valid reason.
- Delivery
- 5.1 Fernus Frères Srl offers various delivery options. In any case, upon acceptance of your purchase, you will be sent an e-mail notification of shipment to the e-mail address you provided during the order process.
- 5.2 The delivery address will correspond to the data you indicated and reported by us in the purchase confirmation e-mail or by the choice of the store most suitable for you.
- 5.3 If we are unable to meet the delivery deadline specified in the e-mail confirming shipment of your order without any default on your part – such as in the case of failure to pay in full – we will contact you immediately in order to communicate the new delivery date. If, however, delivery does not take place within 30 days from the date of conclusion of the contract, we inform you that you have the right to ask us to make the delivery within an additional period appropriate to the circumstances. In the event that the additional period proposed by you for the delivery of the goods expires in vain, without this having taken place, you will have the right to cancel the order by sending us a registered letter with acknowledgement of receipt or an electronic message to info@perseo.cc, in accordance with art. 61 of Legislative Decree 206/2005. In this case, the purchase price of the corresponding product, which may have been charged to you, will be credited back to you without undue delay from the date of receipt by us of the communication order cancellation, using the same means of payment you used for the initial transaction.
- Risks and ownership
- 6.1 The product becomes your property upon full payment of the purchase price. It is understood that we may proceed with the recovery of the product at any time until the transfer of ownership of the same has taken place in all cases in which you were to be in breach of this contract.
- 6.2 The transfer of risks occurs at the time of delivery, without prejudice to the provisions of art. 63 co. 2 of Legislative Decree 206/2005. The risks, pursuant to this provision, are those connected to the loss or damage of the product caused by use, alteration or storage of the same. The risks connected to the return of a product, for any reason, are your responsibility.
- Right of Withdrawal
- 7.1 You are obliged to inform us, immediately after delivery, of the partial receipt of the products ordered, or the receipt of defective or damaged products. Any complaints and problems (delivery errors, mix-ups, etc.) must be communicated to Customer Service at the following email address: info@perseo.cc
- 7.2 We inform you that you have the right to withdraw from the sales contract, without stating the reasons, within 14 days from when you or a third party, other than the carrier and designated by you, have acquired physical possession of the goods. To comply with the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
- 7.3 Effects of withdrawal. If you exercise the right of withdrawal, you will be reimbursed for all payments you have made to us, without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the sales contract. The reimbursement may be suspended until receipt of the goods, or until you have demonstrated that you have sent the goods, if earlier.
- 7.4 Please return the goods to the following address:
Fernus Frères Srl – Via del Monte 10 – 40126 Bologna (Italy)
Telephone 051.221776, without undue delay and in any case within 14 days from the day on which you communicated your decision to withdraw from the sales contract.
The deadline is respected if you return the goods before the 14-day period expires. You will be responsible for the direct costs of returning the goods. - 7.5 You are only responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, Fernus Frères Srl reserves the right to verify the condition of the goods returned by you, communicating to you, to the email address you provided at the time of purchase, any reduction in the value of the returned goods attributable to you, as it is due to handling exceeding that described in the preceding paragraph.
- 7.6 The right of withdrawal is reserved exclusively for natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to any professional activity carried out.
- 7.7 Personalized products are excluded from the right of withdrawal. The right of withdrawal does not apply to contracts for the supply of goods packaged according to the customer’s instructions or which present an evident personalization. Consequently, Fernus Frères Srl does not provide for exchanges or refunds for products on which an engraving has been made.
- 7.8 The right of withdrawal does not apply to products made to measure or which unmistakably present a personalization.
- Warranty
- 8.1 We always do our best to guarantee that the watches you choose are in optimal conditions. In any case, our watches are accompanied by both the Perseo International warranty and the guarantee of authenticity. You will have a 2-year warranty on products called “Perseo” and 3 years on those called “Perseo Trestelle”. The international warranty covers any defects in the material with which the watch was built as well as manufacturing defects existing at the time the Perseo watch was sold. The warranty is valid and is recognized only by showing the document certifying the purchase, in addition to the valid warranty which must therefore be diligently preserved. The general conditions concerning the warranty appear on the warranty certificate supplied with each watch. If the product is defective, Fernus Frères will immediately repair or replace it partially or totally – after having ascertained the defect – by Fernus Frères Srl.
In accordance with the legal provisions contained in the Code Civil Code and in the Consumer Code, all products offered for sale on this Website enjoy the legal guarantee of conformity and, in particular:
Consumer rights (Art. 130 Consumer Code):
- The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
- In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, pursuant to paragraphs 3, 4, 5 and 6, or to an appropriate reduction in the price or termination of the contract, pursuant to paragraphs 7, 8, 9.
- The consumer may ask, at his choice, the seller to repair the goods or replace them, without charge in both cases, unless the remedy requested is objectively impossible or excessively onerous compared to the other.
- For the purposes of paragraph 3, one of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the seller in comparison with the other, taking into account:
a) the value that the goods would have if there were no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer. - Repairs or replacements must be carried out within a reasonable time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods.
- The costs referred to in paragraphs 2 and 3 refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials.
- The consumer may request, at his choice, an appropriate reduction in the price or termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively onerous;
b) the seller has not repaired or replaced the goods within the appropriate period referred to in paragraph 5;
c) the replacement or repair previously carried out has caused significant inconvenience to the consumer. - In determining the amount of the reduction or the sum to be returned, the use of the goods is taken into account.
- After reporting the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences in relation to the expiry of the appropriate period referred to in paragraph 5, unless the consumer accepts the proposed alternative remedy;
b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article. - A minor lack of conformity for which it has not been possible or is excessively onerous to pursue the remedies of repair or replacement, does not give the right to terminate the contract
Terms (Art. 132 Consumer Code):
- The seller is liable, pursuant to art. 130, when the lack of conformity becomes apparent within two years of delivery of the goods.
- The consumer loses the rights provided for by art. 130, co. 2, if he does not report the lack of conformity to the seller within two months of the date on which he discovered the defect. The report is not necessary if the seller has acknowledged the existence of the defect or has hidden it.
- Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
- The action aimed at asserting defects not fraudulently concealed by the seller expires, in any case, within twenty-six months of delivery of the goods; the consumer, who has agreed to the performance of the contract, can however always assert the rights referred to in art. 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term referred to in the previous period.