General Conditions of Sale (GCS)
For use of the website www.peraria.com
The object of these general conditions of sale is to establish the purchase of Products, made remotely, using the
telematics network from the website https://www.peraria.com (Website)
The owner of the website is Peraria srl with registered offices at via Barberis, 7 12020 – Vottignasco (CN),
registered on the Cuneo Register of Companies Rea 182752 . VAT/Tax ID number 02503360048.
https://www.peraria.com is a telematics website with an E-SHOP section selling inflatable advertising products
(hereinafter referred to as Products).
All the products sold are described in detail in the “E-SHOP” section.
The visual display of the Products on the Website is usually given by a photograph of the Products themselves
and is solely intended to present them for sale, without providing any guarantee or commitment from Peraria
regarding the exact relation between the image displayed on the website and the actual Product.
In the event of a difference between the image and the product description, the description of the product shall
Finally, it should be noted that the provisions of the GCS which refer to Consumers (as defined below) may only
be applied when the subjects in question fall within the relevant definition. Consumers shall benefit, in particular,
from all protections set out in the event of the remote conclusion of contracts in accordance with Heading III,
Section II of the Legislative Decree of 6 September 2005, n. 206 (“Consumer Code”), as well as all other
protections, in favour of the Consumer, set out unreservedly by the same Consumer Code and by any other
These GCS constitute an integral and essential part of any contract for the purchase of a Product and the placing
of an order (as defined in Part (A), Section 1.2) shall be considered as an acceptance of these GCS by the Client.
Part (A) – General Part
1. Scope. Definitions
1.1 This Part (A) – General Part shall be applied to all Orders for the purchase of Products submitted to Peraria
via the Website.
1.2. Within these GCS, the following definitions shall be applied:
“Client”: any physical person who places an Order for purposes unconnected to the business, commercial,
artisanal or professional activity carried out;
“Contract”: any agreement between Peraria and a Client regarding a purchase made by the Client of one or
more Products, concluded, depending on the method used, in accordance with the procedures set out in Part A,
Section 3.3 or Section 3.4;
“Working day”: any day of the week, apart from Saturday, Sunday and bank holidays in accordance with Italian
“Order”: any proposal for the purchase of one or more Products, placed by the Client with Peraria, depending
on the method used, in accordance with the procedures set out in Part A Section 3.3 or Section 3.4.
2. Downloading and consultation of terms and conditions of the Contract
2.1. By placing a telematic order, the Client accepts these GCS and may keep a copy of the GCS, as well as any
other documents pertaining to the Contract for the Products purchased on the Website.
2.2. In addition, the Client may archive the information of the Order, either by downloading the GCS and saving
the information displayed on the last web page before the placing of any Order using the functions on their
browser, or by receiving an order Confirmation Email which Peraria will send after the Order is placed to the email address provided by the Client. This confirmation email will show the information of the Order placed by the Client as well as these GCS, with the possibility of printing or saving this documentation using the functions on the webmail programme being used.
2.3. The information of every Order is saved and archived by Peraria on its own systems.
3. Conclusion of the Contract
3.1. Any Contract for the purchase of Products stated shall only be supplied in Italian.
3.2. The presentation of Products on the Website in the electronic catalogue in the E-SHOP section constitutes
an invitation to the Users of the Website to make a purchase proposal to Peraria. Such invitations to supply
products are not binding upon Peraria and, in particular, do not constitute offers to the public pursuant to and in
accordance with article 1336 of the Italian Civil Code, and any decision regarding the acceptance of any proposals
which may be made remains at the complete discretion of Peraria. Safe receipt of the Client’s proposal is
confirmed by Peraria with an automatic reply sent to the email address given by the Client and simply
acknowledges safe receipt of the proposal by the IT system. This confirmation message will provide an “Order
Number”, to be used during any subsequent communication with PERARIA, but does not constitute an order
confirmation (see subsection 3.3.5).
Any expenses incurred as a result of errors in the information provided which are not amended in a timely fashion
shall be exclusively borne by the Client.
3.3 Conclusion of the contract via internet
3.3.1 To purchase one or more Products via the Internet, the Client, upon request, must first register on the
Website, providing Peraria with all necessary information, in compliance with the applicable provisions governing
the protection of personal information. The Client shall ensure that all information provided is correct and make
any amendment in a timely fashion to allow Peraria to execute the Orders placed.
3.3.2 The Client may select one or more Products which it intends to purchase by placing it into a virtual “shopping
cart”. The Client may view the contents of the cart at any time before placing the Order.
3.3.3 When clicking on the button “COMPLETE ORDER”, the Client must enter all necessary personal information
for Peraria to manage the order and the related tax documents. Before completing the procedure for placing the
Order, the Client may create their own account by entering a password of their choosing. Upon the completion of
the order, the Client will receive a link at the email address provided which it can use to check the orders placed.
During the formulation of the Order until the final placing of the Order, the Client is able to review the information
provided in order to identify and correct any errors in this information.
3.3.4 By clicking on the button “Complete Order”, at the end of the procedure initiated in accordance with the
previous section (3.3.3), the Client places its Order with Peraria. Any Order placed in such a way must be
understood, for all purposes, as a contractual proposal from the Client. When the Order is placed by the Client, a
confirmation shall be issued in a timely fashion by Peraria upon receipt of this Order, by sending an email to the
address provided by the Client. In this email, Peraria will inform the Client whether the Order can be accepted or
not (order Confirmation).
3.3.5. Peraria may accept or reject the Orders received. In the event of an Order being rejected, the Client shall
not be entitled to any rights or claims against Peraria for any reason. In any case, the Order is deemed as accepted
and the Contract concluded when the Client receives an Order Confirmation Email at their own address,
containing a confirmation of the accepted Order.
4. Price and delivery costs
The prices of the Products published on the homepage or on the various parts of the Website are given in Euros
inclusive of VAT and standard packaging, and do not include any taxes, customs duties and levies which may be
applied in the Products’ country of destination, if this is outside Italy, which shall be borne by the Client. The prices
are given with postage paid to the client’s address by Peraria Srl and do not include costs of transport and special
packaging (e.g. Euro-pallets).
Peraria reserves the right to modify the prices of Peraria Products shown on the Website at any time. However,
any modifications of prices of Peraria Products shall not apply to Orders which have already been placed by
The order will be delivered within 15 working days. In the event that the delivery is not made within 15 working
days, the cost of the delivery with be refunded in its entirety.
Urgent orders must be agreed directly with PERARIA through the phone numbers given on the order confirmation,
with a possible surcharge being added to the price.
5. Payment and delivery
5.1. The Client shall pay the full price of the Products ordered upon placing their Order. In the event of an Order
being rejected, Peraria shall refund the Client all amounts paid in a timely fashion.
As part of the process of placing an Order, Peraria may offer, at its own discretion, various payment methods,
such as, for instance, payment by credit card (Visa, MasterCard, American Express), payment via the protected
“Paypal” system, payment using a pre-paid card (e.g. “Postepay”) and payment by bank transfer. The Client must
indicate which payment method, among those offered, it wishes to use.
5.2. Invoices shall be issued exclusively in electronic format upon delivery to the carrier for dispatch. For the
issuing of the invoice, the information provided by the Client shall be used. It is not possible to modify this
information after the invoice is issued.
The Client may not, for any reason, attribute any responsibility to PERARIA in the event of a delay in the execution
of the order or the delivery of the Products subject to the Purchase Contract.
5.3. Peraria reserves the right to refuse to execute Orders which require delivery outside Italian territory, or in the
municipalities of Livigno or Campione d’Italia. For deliveries, Peraria shall use the carriers which it has selected.
When the Peraria Product is indicated on the Website as being “available”, Peraria will ensure that this item is
sent as soon as possible, or in the event of payment by bank transfer, within 5 (five) working days after the
confirmation of receipt of payment. The Products ordered will be sent to the postal address provided by the Client.
The time-frame for the delivery of Products is approximately 2-3 working days from the end of production, upon
subject to confirmation from PERARIA. Any urgent deliveries can be made by the Sprinter service, where possible,
with a surcharge equal to 100% of the transport costs.
Deliveries will be made from Monday to Friday between 9am and 6pm, apart from on national holidays. The
delivery is completed when the Product is supplied to the Client at the address provided on the order form. If
delivery is not carried out because nobody was present at the indicated address, the carrier will leave a note
giving details to organize a new delivery date.
5.4. Peraria shall not be held responsible for a failed or delayed delivery when: (a) notwithstanding the regular
and timely purchase of Products to cover the Order received, these were not supplied in accordance with the
terms and methods agreed with the supplier; (b) Peraria is not able to replace the missing Products, for reasons
beyond its control and (c) it informs the Client in a timely fashion of the unavailability of the Peraria Products in
question. In any case, when the Client is a Consumer and the unavailability of Peraria Products due to the
circumstances indicated in letters (a) and (b) above, means that the delivery of the Peraria Product cannot be
made within 30 (thirty) days from the placing of the Order by the Consumer, Peraria shall refund the Consumer
for any payments made towards the total price within 30 (thirty) days from the day after the placing of the Order.
5.5. Peraria shall not be held responsible for a failed or delayed delivery due to force majeure, such as, for example,
strikes, action by the Public Authority, rationing or shortage of energy or raw materials, transport problems, fires, floods
and damage to industrial machinery not caused by Peraria. Peraria shall inform the Client in a timely fashion of the
occurrence and end of such an event. If the force majeure continues for a period of more than 30 (thirty) days, either
party may terminate the contract. In the event of termination in accordance with Section 5.5 of these conditions, the
Client has no rights to any damages or compensation for any reason, notwithstanding the right to be refunded for any
amount which it may have already paid for the Peraria Product ordered, within 30 days from when this Order was
5.6. In the event of a purchase made by a Consumer, the risk of accidental damage of the Peraria Product will be
borne by Peraria until its delivery to the Consumer or to another address provided by the Consumer, regardless
of whether the shipment of these Peraria Products is insured. In the event of a purchase made by other parties
who are not Consumers, the risk of accidental damage of the product shall be borne by the Client as soon as the
Peraria Product is delivered by Peraria to the initial carrier.
5.7. The payment for the Products purchased shall be made via bank transfer to the following account:
PERARIA SRL a socio unico
IBAN: IT08G0200846980000041508554 – BIC/SWIFT UNCRITM1R46
UNICREDIT BANCA ag. Villafalletto
Production will begin on the products after banking notification and/or receipt of a CRO number sent by the
client to the fax number +39 0171 – 942833 or by email to firstname.lastname@example.org
6. Warranty and management of complaints
6.1. Legal provisions regarding warranties shall be applied to purchases made by Consumers, including, if
applicable, the provisions set out in the Consumer Code regarding warranties for Consumers.
6.2. If faults and defects are found on the Product purchased in accordance with these GCS, the Consumer may
contact PERARIA on the phone number 0171 – 942205 quoting the order on which these faults have been
identified, and request the repair or replacement of the Product. The choice between repair or replacement shall
be made by the Consumer, unless the chosen option is objectively impossible or is excessively time-consuming
compared to the other option.
6.3 On a case-by-case basis, Peraria shall carry out the repairs and replacements requested promptly following
the receipt of such a request from the Consumer. Peraria invites the Client to describe in as much detail as
possible the nature of the fault or defect found and possibly to a copy of the Order documents or provide the Order
number, the Consumer number and any other information which may be useful for the correct identification of the
complaint. If no reply is received by the Consumer within 5 (five) working days, Peraria invites the Consumer to
request a response. Peraria also advises the Client to check whether any emails have not been re-directed or
blocked by any ‘spam filters’ or are not correctly reaching their destination for other technical problems with the
6.4 If (i) the repair or replacement requested is impossible or excessively time-consuming, or (ii) it is not carried out
promptly; or (iii) it causes significant inconvenience for the Consumer, the Consumer may choose from a reduction
in the total price or a termination of the Contract. In any case, the Contract cannot be terminated for minor defects,
where it is not possible or it is excessively time-consuming to repair or replace the Products in question.
6.5 It is explicitly understood that the above Sections 4.1, 4.2, 4.3 and 4.4 shall not apply in the event of defects found
on Products purchased by independent Professionals, to whom Peraria offers no warranty, apart from the
fundamental legal provisions.
7. Data protection
Peraria reserves the right to conserve the information of each Order as well as the addresses of the Client for the
sole purpose of correctly executing the Order (including sending such information to commercial partners involved
in the management of payment, in the execution of the Order and/or in the shipment of the products), responding
to any warranty claims on the product and/or recommendations or instructions to the Client regarding the product.
The conservation and processing of data shall be carried out by Peraria in compliance with the content of the
Notwithstanding the above, any use of the Client’s personal data shall be subject to the provisions in the
8. Amendment of General Conditions of Sale
In the event of any amendment to these GCS, Peraria shall promptly publish the amended GCS on the Website.
The GCS shall become an integral part of the new Contracts, counting from the first Order placed by Clients
following their publication in the Website. In the event where Orders are already placed before such a
communication, the previous version of the GCS shall apply.
9. Replacement clause
If a current or future provision of the GCS and/or the contract is or becomes completely or partially void and/or
ineffective or if there is an omission in the provisions of the GCS and/or the contract, the other provisions of the
GCS and the contract shall remain entirely valid and effective. It is understood that Peraria and the Client shall
negotiate in good faith in order to resolve the omission or replace the void and/or ineffective clause with a view to producing the same results sought by the invalid or ineffective clause and safe-guarding the economic substance of the contract.
Part (B) – Peraria Products purchase orders
1. Information on the vendor
In the event of an Order for the purchase of a Peraria Product, the contracted vendor shall exclusively be Peraria.
For any clarification on what is considered a Peraria Product, please refer to the Preamble of these GCS.
2. Right to withdraw
2.1 With regard to the information duties contained in article 52, paragraph 1, letters (f) and (g) of the Consumer
Code, in Section 2.3 below the terms and conditions governing the Consumer’s right to withdraw are stated, as
set out in the same Consumer Code. In addition to the terms stated by law, Peraria also grants the Consumer an
extra period during which the Consumer may exercise their right to withdraw, in accordance with the provisions
set out in Section 2.4.
2.2 In any case, the Consumer’s right to withdraw shall not be applied to Peraria Products which, by nature,
cannot be returned or are subject to risks of rapid deterioration or alteration, such as, for instance, personalized
2.3 Instructions for exercising the right to withdraw in the circumstances set out
in the Consumer Code: Information on exercising the right to withdraw
Right to withdraw
You have the right to withdraw from the contract, without giving a reason, within 14 days. The withdrawal period
expires after 14 days from the day when you or a third party, other than the carrier and nominated by yourself,
come(s) into physical possession of the final item. To exercise the right to withdraw, you are requested to inform
us: Peraria Srl, Via Barberis 7 12020 VOTTIGNASCO….tel +39 0171 – 942205 – 942206 Email email@example.com
of your decision to withdraw from this contract through an explicit declaration (e.g. a letter sent by post, fax or
email). For this purpose, you may use the attached withdrawal template, but this is not an obligation.
You may also complete and electronically send the withdrawal template or any other explicit declaration via our
website www.peraria.com in the “my account” section. If you choose this option, we will promptly send you a
receipt confirmation of the withdrawal in a sustainable format (e.g. email).
To respect the terms of withdrawal, it is simply necessary for you to send the communication informing us that
you are exercising your right to withdraw before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, all payments made will be refunded to you, including delivery costs (apart from any additional costs arising from your choice of a delivery method other than the least expensive standard delivery option offered), without undue delay and in any case, no more than 14 days from the day on which we are informed of your decision to withdraw from this contract. Such refunds shall be made by the same payment method used
for the initial transaction, unless explicitly agreed otherwise; in any case, no additional cost should be incurred as a result of such a refund. The refund may be delayed until the receipt of the returned goods, or upon demonstration from the consumer that the goods have been returned, if this is done before the receipt of the goods. You are
requested to return or deliver the goods to the headquarters of Peraria Srl at Via G. Toselli, 12 Villafalletto (CN),
without undue delay and in any case within 14 days from the day when the right to withdraw from the contract is
exercised. To comply with this condition, the goods must be returned before the expiry of the 14-day period. We
shall bear the costs of returning the goods if you use the documents for the return of goods on your account.
You are solely responsible for any reduction in the value of the goods resulting from manipulation of the product
other than that necessary to establish the nature, characteristics and operation of the product.
2.4 Instructions for exercising the extended right to withdrawal for Consumers
As from the expiry of the period of 10 (ten) working days for exercising the right to withdraw as stated in the
Consumer Code and with the application of the provisions of this Code, the Consumer shall have the right to
withdraw from the Contract for 90 (ninety) days immediately following the abovementioned period. However, the right to withdraw as stated in Section 2.4 may not be exercised by the Consumer in the case of Gift Vouchers (as
defined below) or for articles which, by nature, cannot be returned, such as, for instance, already opened cosmetic products.
2.5 In both cases set out in articles 2.3 and 2.4, when the Consumer wishes to exercise the right to withdraw, the
Peraria Products must be returned:
– Correctly packaged in their original packaging, in perfect resale condition (not scuffed, damaged or dirty) and
accompanied by any accessories and instructions for its use and documentation;
– Accompanied by the transport document (in its original packaging) to enable Peraria to identify the Consumer
(Order number, name, surname and address);
– Without any signs of use, apart from those compatible with the normal testing of a product. These should not
include signs of prolonged use (more than a few minutes) exceeding the time necessary to carry out a test and
should not be in a state so as to make a resale impossible.
If the Peraria Product does not conform to the description given in this paragraph, the withdrawal from the contract shall not be permitted.
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