ARTICLE 1. GENERAL
These general conditions of sale (GTC) govern the rights and obligations of the Company PHENIX TRADE INTERNATIONAL and of its customers in the context of the sale of respiratory masks and other sanitary products. In the absence of a contract concluded between the company PHENIX TRADE INTERNATIONAL and its client or of general or special conditions of purchase expressly accepted by PHENIX TRADE INTERNATIONAL, the sales made are subject to the GTC described below. Consequently, any sale implies the customer's unreserved acceptance of these T & Cs, to the exclusion of any catalog, prospectus or other advertising document which are only indicative. PHENIX TRADE INTERNATIONAL accepts different conditions only in the event of an explicit signing of an agreement. PHENIX TRADE INTERNATIONAL reserves the right to adapt or modify these general conditions of sale at any time. The new general conditions of sale will, where applicable, only be applied to sales made after said modification.
ARTICLE 2. PRICE
Respiratory masks and other sanitary products are billed at the rate in effect at the time of the order, plus postage. They are denominated in euros and all taxes included, for delivery in mainland France. Delivery costs are indicated on the invoice where applicable. For sales outside mainland France, and unless otherwise specified in the special conditions, tax and / or customs costs (such as entry fees, stamps, etc.) are the responsibility of the customer. The applicable VAT rate is 20% for all products, except those benefiting from a reduced VAT rate of 5.5% such as for respiratory masks. PHENIX TRADE INTERNATIONAL grants itself the right to modify its prices at any time and to withdraw from sale without notice any product, for any economic, commercial, technical, or regulatory reasons, which it deems necessary. However, it undertakes to invoice the products and services ordered at the prices indicated when the order is registered.
ARTICLE 3. FINANCIAL CONDITIONS
3.1 The full price including tax is payable when ordering.
3.2 By express agreement and unless postponed by PHENIX TRADE INTERNATIONAL in writing, the total or partial failure to pay by the due date will result in:
§ suspension of orders in progress,
§ the immediate payability of all sums remaining due by the customer, a late payment penalty equal to one and a half (1.5) times the legal interest rate. This penalty is calculated on the totality of the sums including tax remaining due and runs from the date of issue of the unpaid invoice until its total payment. The legal reference interest rate is that in effect on the date of issue of the invoice concerned
ARTICLE 4. RETENTION OF OWNERSHIP CLAUSE
Until full payment of the price by the customer, the products sold remain the property of PHENIX TRADE INTERNATIONAL (law 80-335 of 12/05/1980). For the duration of the retention of title, the customer will bear from delivery for the return of the goods, the burden of risks in the event of loss or destruction of the item sold.
ARTICLE 5. PROCESSING OF ORDERS
5.1 Any order, whether made on the phenix-care.com site or directly to the Company, implies the express acceptance, in full and without reservation, by the customer, of these General Conditions of Sale. If the Company is unable to fulfill an order, the Company will notify the customer as soon as possible.
5.2 The Company reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order, which would present in its eyes any form of risk, if the invoicing data are erroneous or unverifiable, if we are not able to deliver to the address indicated by the customer, following an impediment due to circumstances or events beyond our control.
5.3 For efficient processing of orders, they must include the following precise and non-erroneous information: the date of the order, the billing and delivery address, the name, email and contact details of the person at the origin of the order, the references and designation of the products, the number of units ordered.
5.4 If you have placed an incorrect order or if you wish to cancel an order before delivery, please immediately contact PHENIX TRADE INTERNATIONAL on 01 48 08 80 40 or by email at firstname.lastname@example.org. The Company will do its best to help you.
ARTICLE 6. DELIVERY
The delivery time, if the quantity requested and the availability of stocks allow it, will be included, as an indication, between 2 and 5 working days from the dispatch of the order in mainland France. For international delivery, outside mainland France, shipping as well as all tax and / or customs costs (such as entry fees, stamps, etc.) are the responsibility of the customer. For more information, please contact PHENIX TRADE INTERNATIONAL by email at email@example.com.
The responsibility of PHENIX TRADE INTERNATIONAL is not engaged for any delay, theft or deterioration of goods during transport, it is your responsibility to exercise any legal recourse, in accordance with articles 105 and 106 of the Commercial Code, against the carrier, even in the case of free delivery.
ARTICLE 7. RIGHT OF WITHDRAWAL
7.1 For a complaint to be admissible, the recipient of the package must check its contents upon receipt in the presence of the carrier and make any comments on the carrier's delivery note. If the delivered products present material defects or manifest production defects, including damage caused by their transport, the customer must notify us immediately by email or by registered letter with acknowledgment of receipt within 72 hours after receipt at info @ phenix -care.com or at 2 rue Jean-Baptiste Marty - 94220 Charenton le Pont. Otherwise, the customer loses the benefit of his rights. It is up to the purchaser to provide any justification for this.
7.2 In accordance with the legal provisions in force, the customer has a legal period to renounce his purchase of fourteen (14) days from the receipt by the latter of the product ordered. Any return of products must be the subject of the prior agreement of our services.
If the customer exercises his right within this period, PHENIX TRADE INTERNATIONAL will reimburse you for the sums paid as soon as possible, within a maximum of fourteen (14) days following the date of cancellation, provided that the customer has returned the products. in their original condition, perfectly new, with original packaging, instructions and accessories, by post, from France to the following address: PHENIX TRADE INTERNATIONAL - 2 rue Jean-Baptiste Marty - 94220, Charenton-le-Pont. The refund will be made after verification by our customer service of the returned products. At the end of this 14-day period, the products delivered will be deemed to comply with the order and accepted by the Customer. No refund will then be possible under the right of withdrawal.
7.3 The withdrawal period does not apply to companies and resellers who have benefited from reseller and discounted prices. The withdrawal period does not apply to sanitary products, such as respiratory masks, hydro-alcoholic gels, or to products that have been personalized at the customer's request.
ARTICLE 8. GUARANTEE CONDITIONS
The products are guaranteed for a period of twelve months against manufacturing or design defects from the date of delivery. This warranty excludes any malfunction or any anomaly resulting from improper use of these by the customer or through a third party. In the event of a claim recognized as justified by PHENIX TRADE INTERNATIONAL, its liability is limited to the replacement of the goods deemed to be defective, without any compensation and / or penalty being claimed for any reason whatsoever. Returns of defective products or parts are only authorized if PHENIX TRADE INTERNATIONAL has previously recognized and accepted them. Returns must be sent postage and packaging paid to the address of PHENIX TRADE INTERNATIONAL. They must be accompanied by the return authorization number issued by customer service during the warranty period. Defects and deterioration caused by natural wear and tear, or by an external accident, shock, fall, negligence, or by modification or transformation of the product not provided for or specified by PHENIX TRADE INTERNATIONAL or the manufacturer are excluded from the warranty.
ARTICLE 9. - RESPONSIBILITIES
Unless otherwise mandatory legal provisions:
- PHENIX TRADE INTERNATIONAL liability can only be engaged on proven and exclusive fault in the occurrence of the damage;
- PHENIX TRADE INTERNATIONAL will in no way be held liable to the Customer for any indirect damage such as prejudice or commercial disturbance, loss of customers, loss of profits, loss of brand image.
ARTICLE 10. FORCE MAJEURE
The responsibility of PHENIX TRADE INTERNATIONAL cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure.
As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
ARTICLE 11. PERSONAL DATA
11.1 PHENIX TRADE INTERNATIONAL ensures, in accordance with the legislation in force in France and in Europe, to respect the protection, confidentiality and security of customers' personal data, as well as to respect their privacy.
11.2 PHENIX TRADE INTERNATIONAL collects this data as part of its commercial activities, to authenticate its customers, provide the services requested by its customers, meet the management and logistics needs of its customers and prospects, and offer them tailored offers. to their needs. Concerning the Phenix Care Newsletter, the user, by subscribing to the Newsletter on the home page of the site www.shop.phenix-care.com, or by checking the box provided for this purpose when registering, accepts that Phenix Care can send it a newsletter which may contain information relating to its activity, its news and its promotional offers. Any user will be able to unsubscribe from the Newsletter at any time, by sending an email to the following address firstname.lastname@example.org or by clicking on the hypertext link provided for this purpose within each Newsletter.
11.3 In accordance with the Data Protection Act, the customer has a right of access as well as a right of additional information, rectification, revision and opposition to data concerning him.
ARTICLE 12. ATTRIBUTIVE CLAUSE OF JURISDICTION
Any dispute relating to these conditions will be settled by the Commercial Court at the head office of PHENIX TRADE INTERNATIONAL to which the parties attribute exclusive jurisdiction, even in the event of a warranty claim or multiple defendants.