TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you(“user” or “you”), and pernoire GmbH, concerning your access to and use of the www.pernoire.com website as well as any other media form or media channel related or connected thereto (collectively, the “Website”). Please note that your use of the Website is also governed by our Privacy Policy located. The Website allows users to purchase perfume and related products and access a variety of related information (“Company Services”).

YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS THE WEBSITE. BY ACCESSING OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.

PURCHASES

You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Products purchased or otherwise provided through the Website, including samples and gift items, are for personal use only and are not for resale. All purchases are subject to Company policies and procedures relating to processing, shipping and handling, returns and exchanges, as set forth in this Agreement or on the Website.

RETURNS

Following are the conditions that apply to returns of products:

a. Only products purchased through the Website may be returned to Company in accordance with this return policy. Company products purchased through any other outlet and third party retailers, are subject to the return policies applicable to such outlets.

b. Only products in unopened original packaging that have not been tampered with or used in any manner or that are damaged or defective upon delivery may be returned to Company for a refund or exchange.

c. You should inspect products for damage immediately upon delivery. If you notice any damage or believe a product is defective, you should contact us immediately to file a report. However, in order to qualify to receive a refund or exchange for any such claim, you need to contact us no later than fifteen (15) days from delivery.

d. Please write us info@pernoire.com and provide us with your order number, full name, shipping address and email address, together with a brief description of your claim and whether you are requesting a refund or exchange.

e. Products must be returned to us with the original shipping box, packing materials, as well as ALL COMPLIMENTARY SAMPLES and a copy of the shipping invoice.

f. You must return all products to us within thirty (30) days of delivery of those products, and use a delivery method that allows for shipment tracking.

g. Returned products should be shipped to the following address:

pernoire GmbH, Zürcherstrasse 11, 4052 Basel, Switzerland

h. Upon receipt of your returned product, Company will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not meet the above requirements.

i. Company will not accept merchandise that, in its reasonable discretion, has been used, altered or damaged by you or a third party for which it is not responsible. Company is not responsible in the event that returned packages are lost, stolen, or mishandled.

k. Company reserves the right to refuse to refund or exchange any product that does not meet the above requirements.

j. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not strictly comply with the above requirements.

k. If approved, refunds will be issued only in the same form as was used for payment. If a returned product was purchased with an voucher, and a refund is approved, the recipient of the voucher will receive a new email with a new gift card code for the value of the updated balance, including any applicable refund amount. If a returned product was purchased with a voucher, and a refund is approved, the purchaser will be mailed a new voucher with the same expiration date as the original voucher, assuming not expired.

l. Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.

Delivery and shipping

All purchases will be send at least the following day. Delivery time is depending on the options: Standard and Express. Shipping fees are calculated at during order process.

VOUCHER CODES

Each voucher is redeemable exclusively on www.pernoire.com. To redeem the voucher, enter the voucher promo code at checkout when making a qualifying purchase or present the voucher code in-store. One redemption per promo code. Vouchers are not redeemable for cash, will not be extended to a new expiration date in the event of an approved product return, are not valid for resale and cannot be combined with another promotion or promotional voucher code, including but not limited to atomizer events or friends and family events. Company is not responsible for lost or stolen voucher codes. This offer is subject to change, alteration, or termination by Company, in its sole discretion, at any time. This offer is not valid for Company employees and its partnered retailers’ employees and cannot be combined with any employee discounts.

REFUSAL OF ORDERS

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized voucher use, product availability, and price discrepancy, or shipment to freight services whose intent is to ship products outside of www.pernoire.com’s service areas.

USER REPRESENTATIONS

Regarding Your Registration, By using the Company Services, you represent and warrant that:

a. all registration information and all other information that you submit to or through the Website (“Customer Information”) is truthful, accurate, current and complete. If you provide any Customer Information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such Customer Information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof);

b. you will maintain and promptly update your Customer Information on the Website to keep it true, accurate, current and complete;

c. you will keep your Website password and other login information confidential and will be responsible for all use of your password and account;

d. you are not a minor in the jurisdiction in which you reside; and

e. your use of the Company Services does not violate any applicable law or regulation.

SUBMISSIONS

The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites") The Third Party Websites are not investigated, monitored or cleared by us for accuracy, appropriateness, completeness, functionality or legal compliance, and we are not responsible for any Third Party Websites accessed through the Website , including without limitation the content, accuracy, offensiveness, appropriateness, reliability, functionality, privacy practices or other policies, and legal compliance of or contained in the Third Party Websites. Inclusion of, linking to or permitting the use of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Website and access any Third Party Websites, you do so solely at your own risk and you should be aware that, notwithstanding anything otherwise set forth in this Agreement regarding the Website and Company Content, our terms and policies do not apply to the Third Party Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website. Company takes no responsibility whatsoever in relation to any purchases you make through Third Party Websites, and said purchases are exclusively made between you and the applicable third party.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activities include, but are not limited to:

a. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;

b. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

c. engaging in unauthorized framing of or linking to the Website;d. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user or other third party without said third party’s prior explicit consent;

e. engaging in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

f. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

g. attempting to impersonate another user or person;

h. using the Company Services as part of any effort to compete with Company;

i. decompiling, disassembling or reverse engineering any of the software comprising or in any other way used by the Website;

j. attempting to bypass, circumvent, disable and/or otherwise interfere with any measures of the Website designed to prevent and/or restrict access to the Website, prevent and/or restrict use of the Website, and/or otherwise secure and/or protect the Website, or any portion of the Website;

k. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services;

INTELLECTUAL PROPERTY RIGHTS

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activities include, but are not limited to:

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under Swiss and foreign laws, regulations and conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in Switzerland and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. The Company Content on the Website is provided to you “AS IS” for your information and personal non-commercial use only, may not be used other than in connection with purchases from the Website for your personal non-commercial use, and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, without the prior written consent of the Company. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or that enforce limitations on use of the Website or the Company Content.

THIRD PARTY WEBSITES

Company reserves the right but does not have the obligation to:

a. monitor the Website for violations of this Agreement;

b. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

c. remove from the Website or otherwise disable any and all files and content that, in Company’s sole discretion, are excessive in size or are in any way burdensome to Company’s systems; and

d. otherwise manage the Website in a manner designed to protect the rights and property of Company and others, in Company’s sole discretion, and to facilitate the proper functioning of the Website.

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

a. monitor the Website for violations of this Agreement;

b. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

c. remove from the Website or otherwise disable any and all files and content that, in Company’s sole discretion, are excessive in size or are in any way burdensome to Company’s systems; and

d. otherwise manage the Website in a manner designed to protect the rights and property of Company and others, in Company’s sole discretion, and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or the Company Services, you are consenting to have your personal data transferred to and processed in Switzerland. You understand that personal data stored in Switzerland may be subject to lawful requests by the courts or law enforcement authorities in Switzerland. By using the Website or the Company Services, you are consenting to the terms of Privacy Policy.

TERMS & TERMINATION

This Agreement shall remain in full force and effect while you use the Website and/or are a registered user of the Website. You may terminate your registration with the Website at any time, for any reason, by following the instructions provided on the Website for terminating user accounts.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TEMPORARILY AND/OR PERMANENTLY (A) DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, TO ANY PERSON, AND (B) REMOVE OR DELETE YOUR PROFILE ON THE WEBSITE AND/OR ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED TO THE WEBSITE, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR FOR VIOLATION OF ANY APPLICABLE LAW, REGULATION OR CONVENTION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and/or Company Services.

Notwithstanding anything otherwise set forth in this Agreement regarding termination of your Website account and/or termination of this Agreement, any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination of this Agreement, shall be deemed to survive, and shall remain in full force and effect, for as long as necessary to fulfill such purposes.

Governing Law

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.

Changes Terms & Conditions

You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Assistance

If you have difficulty using or accessing any part of this website, please feel free to  email us at info@pernoire.com

pernoire GmbH

2020