Terms of service

Terms and Conditions

1 - General

Access to and navigation on this site are subject to the general Terms and Conditions of use of the online store www.perfesso.com and all its subdomains/sub-websites.

Throughout this Terms and Conditions document the terms user, consumer and customer are used interchangeably and have the same meaning.

The registered trademark PERFESSO and the domain www.perfesso.com are fully owned and managed by GSCA – CONSULTING LDA, with registered office in Av. D. Afonso Henriques, 4450-012 Matosinhos, Porto, Portugal, with tax number: PT516320580, hereinafter referred to as PERFESSO, by reference to the trademark it owns.

PERFESSO reserves the right to freely modify the present pre-contractual information in order to adapt it to the applicable legislation, without need of any previous warning as well as reserves the right to refuse service to anyone for any reason at any time.  

The user shall read these Terms and Conditions carefully before accessing or using PERFESSO website/application. By accessing or using any part of the site, the user agrees to be bound by these Terms and Conditions. If the user does not agree to all the Terms and Conditions of this agreement, then may not access the website/application or use any services.

The user understands that his content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


The navigation through the website www.perfesso.com, its subdomains, as well as the purchase of any product at those addresses, presupposes the acceptance of the present information and of the general Terms and Conditions of use contained in this page.


2 - Conditions of use

The user undertakes to use this website in compliance with the provisions of applicable legislation, refraining from using the website for activities that are contrary to the law, morals and good customs, or the rights and interests of third parties.

The www.perfesso.com website may have links to other websites, which may contain information/useful tools for its users. These general conditions shall not be applicable to third party websites. Therefore, if the user visits another website which is redirected from www.perfesso.com website, PERFESSO is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

3 - Registration

In order to access certain content, material, products or services on the site, the user may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and Conditions, and may then be asked to select or submit a user name and password. The user may also be required to provide us with certain information about himself including some types of personally identifiable information, including legal name, phone number, address, email address, gender, and age. The user is responsible for ensuring that password and account login are kept secret, safe, and secure at all times. PERFESSO will not be held responsible or liable for any misuse of the user account in the event that a third party has access to and uses the password and account login in any way.

When placing an order through the website, the user will be required to provide other personal information, such as shipping address, phone number, billing address and payment details. Additional information may be collected by PERFESSO or its third party providers at this time for security and anti-fraud purposes. The user represents that the personal information provided to PERFESSO via the website is true, valid, complete and up-to-date in all respects, and the user confirms that is the person referred to in the shipping (unless the item is a gift) and billing information provided. In the case any of the information the user provides on the website change, should the user login to his personal account and update such information directly on the website. Any personal information provided to us via the website is subject to PERFESSO’s Privacy policy.

 

4 - Purchases

Upon completion of the ordering process in the customer's personal account, the purchase will be registered and the customer will have a deadline, indicated in the payment method selected, to proceed to the payment. At the end of this period, if there is no confirmation of payment the order will be cancelled. Some payment methods allow the saving of the data required to carry out the payment transaction. However, in this context, no personal data of the customer will be stored, so, such data management should be done directly with the service provider. Exception should be made for situations where the service provider allows the management of personal data to be made directly on our website, in which case, whenever in compliance with the applicable legal provisions, the indications issued by the provider will be complied with, in particular in protection of personal data. In either case, no data related to payment information provided by the customer will be stored unless prior and express consent has been given by the customer.

By purchasing products or services made available through the website, the user represent that has the legal capacity to enter into a contract. All sales are subject to PERFESSO shipping and return policies, which are available to the user on the website.

PERFESSO offers the following payment methods for purchases made through the online store: Credit Cards; PayPal; Shop Pay; Apple Pay; Google Pay; Multibanco; MB WAY.

Remark: The customer can only cancel the order prior to the respective payment and processing. Any similar request made by other means cannot be fulfilled.

PERFESSO has the products/items ownership until it has received full payment for all of the referred products/items.

 

5 - Intellectual property

All content, trademarks and information in www.perfesso.com and its subdomains, are property of PERFESSO and therefore the use, publication, manipulation, distribution or reproduction, in any format, of any content made available in this website is forbidden and protected by law.

 

6 - Product information

PERFESSO takes into account information about the essential characteristics of the products by means of technical descriptions shared by its suppliers and of photographs illustrating the commercialized products.

 

7 - Price information

The retail prices indicated in www.perfesso.com are presented in euros with VAT included.

The costs of the shipping service may be at the expense of the user and are added to the total value of the products selected according to PERFESSO Shipping policies.

The user will be informed of these charges before confirming the order and completing the purchase process. PERFESSO reserves the right to change prices at any time.

In case of a software, hardware, manual, technical or any other error, which causes a substantial alteration not foreseen by PERFESSO in the sale price to the public, in such a way that it becomes exorbitant or manifestly derisory, the purchase order will be considered invalid and cancelled.


8 - Accuracy of billing and account information

PERFESSO reserves the right to refuse any order the user places with us. PERFESSO may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify the user by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The user agrees to provide current, complete and accurate purchase and account information for all purchases made at PERFESSO’s store. The user agrees to promptly update the account and other information, including your email address and credit card numbers and expiration dates, so that we can complete the transactions and contact the user as needed.


9 - Refunds

The right of refund arises in compliance with articles 9 and 11 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 applicable to distance and off-premises contracts, that allows the user to withdraw from this contract within 14 calendar days without giving any reason.

The exercise of right of refund needs to fully comply with all the below-mentioned conditions of return.

The period for exercising the right of refund shall expire 14 consecutive days from the day following the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods.

To exercise the right of refund, the consumer must inform of their decision to withdraw from this contract via contact form accessible through Contacts page at www.perfesso.com website. After receiving the contact, PERFESSO will inform the customer about the procedure of refund and the details that need to be shared by the customer, namely the order number and the description or reference of the product(s), as well as the intended form of reimbursement of the amount paid.

To meet the withdrawal deadline, customer must send their communication concerning their exercise of the right of refund before the withdrawal period has expired.

In this context, PERFESSO will fully reimburse the amount that the customer may have paid, with the exception of:

a) any supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery available;

b) any costs of returning the order as a result of this exercise of the right of withdrawal.

In either case, the customer will support the cost of returning the items to PERFESSO warehouses.

The reimburse will be made without undue delay and within 90 days after receiving the returned item(s) in PERFESSO warehouses and verified those are compliant with all the conditions of return.

Remark: PERFESSO will carry out the reimbursement of the cost of the products using the same payment method used for the initial transaction, unless expressly agreed otherwise by the customer.

 

10 - Warranty

PERFESSO will ensure, for a period of 24 months from the date of purchase (except for perishable goods with a shelf-life less than 2 years), the quality of its products by offering customers, where legitimate, one of the below stated solutions, in accordance to the following order:

- Repair of the damaged good, ensuring proper functioning and / or the final quality;

- Exchange of the good for an equal good;

- Exchange of the good for a similar good, in regards to its characteristics and purpose, as long as agreed with the client;

- Termination of the contract and consequent reimbursement if none of the above options is possible.

The exercise of the warranty right by the customer will always take place upon submission of the intention via contact form accessible through Contacts page at www.perfesso.com website. After receiving the contact, PERFESSO will inform the customer about the procedure of return the damaged or the non-compliant product for verification. It is the customer that supports the cost of returning the items to PERFESSO warehouses for verification.

PERFESSO will inspect the article in order to confirm the customer's effective entitlement to the warranty call, excluding all proven situations resulting, among others, from:

- Abuse, intentional damage or negligent damage by the customer;

- Normal wear and tear of the product, provided it is not within the expected levels for it as declared by the manufacturer;

- Inability to prove the malfunction or defect indicated by the customer;

- All situations that are detected as attempted fraud.

Upon inspection of the product received, the customer will be informed of the decision regarding their request. If the customer's right to call the warranty is confirmed, PERFESSO will repair, replace or refund the item as soon as possible, up to a maximum of 90 days from the notification of the non-conformity of the product issued by PERFESSO. In the event that warranty claim is confirmed the cost of returning the items to PERFESSO warehouses for verification will be reimbursed.

Refund of any amount paid will be made through the same payment method used on the purchase of the product, unless otherwise agreed by the customer.

These provisions are without prejudice to any rights of the consumer, arising directly from the law in force.

Remark: in order to trigger a warranty claim, the customer must keep the original packaging, and the packing material provided, for a minimum period of two years (or for a period equivalent to the duration of the warranty extension).

 

11 - Failure to deliver the order for reasons attributable to PERFESSO

PERFESSO will contact the customer to confirm the right of reimbursement that arise from a failure to deliver the order for reasons exclusively attributable to PERFESSO, according to one of the below stated solutions, in accordance to the following order:

-  Shipping out a new order that fully complies with the original requirements that were not fulfilled in the first place, in regards to its characteristics, purpose, products, order details and effective delivery without any additional costs for the customer;

- Termination of the contract and consequent reimbursement of any amount paid, if the above option is not possible.

Remark: to trigger the above mentioned right of reimbursement in the event of the customer have received the incorrect product(s), it is mandatory for the customer to ship back that incorrect product(s) to PERFESSO warehouses in accordance with the Returns policy mentioned below. 

 

12 - Returns

The customer should consider the fact that, if the product(s) to be returned has been purchased as part of a promotional campaign and, therefore, has benefited from a product-offer, both those items should be returned. For that reason, all the products must comply with the conditions of return.

As per the products set in packs, it will only be accepted the return of the full packs. If a product that belongs to a pack is to be returned, all the products belonging to the same pack must be returned. All products must comply with the conditions of return.

Incomplete, damaged or scratched products, products without their original shipping packaging and/or label, or products with evidence of use, will not be accepted. It will not be accepted, as well: the return of products with a shelf-life less than 3 years; underwear, swimwear, personal care products as well as other articles the use of which implies or comes into direct contact with the skin will not be accepted either. Thus, PERFESSO reserves the right to evaluate the condition of the packaging of the products, deciding whether or not to accept the return of the items if it is found that the respective packaging is not intact. Due to their nature, the return of sealed food products will not be accepted either.

Remark: the lack of any of the requirements deemed necessary to put back the product in stock for sale, namely the respective instruction manual, in its original condition and the unviolated sealed transport packaging box with the carrier's label attached on the exact same position as the original one, shall entail the immediate classification of the product as incomplete and, consequently non-returnable.

Every single product to be returned shall, for that reason, be shipped back to PERFESSO warehouses by the customer in accordance with all the above mentioned conditions for exercise the right of refund, or warranty claim, or reimbursement for failure to deliver the order by reasons attributable to PERFESSO.

The reimburse by any means will only takes place after receiving the returned item(s) in PERFESSO warehouses and verified those are compliant with all the conditions of return.

If any of the previous conditions are not met, the customer will lose the right to be refunded and will have 10 days to collect the item (s) at PERFESSO warehouses facilities, at their own expenses. The collection must be made by a carrier appointed by the customer as the collection by natural persons, not even by the customer, is not permitted.

 

13 - Liability

PERFESSO shall not be liable for: damages suffered by third parties resulting from the use of any of our products; damages suffered by the customer as a result of the use of our products; damages that are the result of incorrect information on the website.

PERFESSO shall not be responsible for any physical damage caused by transport.

PERFESSO do not guarantee, represent or warrant that use of our service will be uninterrupted, timely, secure or error-free.

PERFESSO do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The user agrees that from time-to-time PERFESSO may remove the service for indefinite periods of time or cancel the service at any time, without notice.

The user expressly agrees that use, or inability to use, of the service is at his sole risk. The service and all products and services delivered to the user through the service are (except as expressly stated by PERFESSO) provided 'as is' and 'as available' for use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PERFESSO, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use of any of the service or any products procured using the service, or for any other claim related in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

14 - Personal information

The user submission of personal information through the store is governed by PERFESSO’s Privacy Policy.

 

15 - Amendment of Terms and Conditions

PERFESSO reserves the right to modify unilaterally and at any time, without notice, the presentation and content of its website, its services and the general conditions of use, without prejudice to contracts already concluded and in execution. These modifications will serve to improve the website, whilst simultaneously improving the services offered to the user of the website who, if he or she does not agree with the changes introduced, may terminate the contract.

Occasionally there may be information on www.perfesso.com or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. PERFESSO reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website/application is inaccurate, at any time without prior notice (including after you have submitted your order).
PERFESSO undertakes no obligation to update, amend or clarify information in the service or on any related website/application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website/application, should be taken to indicate that all information in the service or on any related website/application has been modified or updated.

 

16 - Jurisdiction and dispute resolution

These Terms and Conditions and all disputes arising in connection with them, including their validity, the use of the site, any purchase or contract therein shall be governed by the Portuguese law.

In the event of a dispute, the consumer may refer to the Online Consumer Dispute Resolution entities identified on the website: https://webgate.ec.europa.eu/odr.

The user can also refer to the Complaints Book in electronic format by the following website: www.livroreclamacoes.pt.

 

17 - Contact information

Questions about these Terms and Conditions should be sent to PERFESSO by the contact form available on Contacts page at www.perfesso.com website.

 

PERFESSO