General terms and conditions of sale and use

Object

The present General Terms and Conditions of Sale (GTCS) are concluded between PHYLTRES, SAS with a capital of €150,000, registered in the Paris Trade and Companies Register under number 897 849 766, having its registered office at 19 rue La Boétie, 75008 Paris, on the one hand, and on the other hand, any person who has made a purchase on the phyltres.com website, hereinafter referred to as "the Customer". Any purchase on the phyltres.com site (hereafter the "Site") automatically entails the acceptance of the entirety of these conditions, which the Customer acknowledges having read prior to his order.

The GTC are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union.

The GTC are written as well as all the contractual information mentioned on the site in French language.

The GTC are directly available to consumers on the phyltres.com website. The GTC are opposable to the consumer who recognizes, by checking a box provided for this purpose, to have been informed and to have accepted them before placing order.

The validation of the order by its confirmation implies the buyer's acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by  PHYLTRES in accordance with article 1127-2 of the Civil Code (former C. civ., art. 1369-4). PHYLTRES.

PHYLTRES  reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the consumer at his request. The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent inapplication of one or more clauses of the GCS by the professional seller does not constitute a waiver of the other clauses of the GCS which continue to produce their effects.

Article 1 – Buyer's capacity

The Customer who buys on the Site declares to be legally capable of committing to the present general conditions of sale.

Article 2 – Presentation of the articles and contents of the site

PHYLTRES strives to present and describe its products as accurately as possible.  PHYLTRES reserves the right to change the contents of this site at any time.

Article 3 – Price

All the prices presented on the Site are inclusive of all taxes. Product prices are indicated in euros. PHYLTRES reserves the right to modify its prices without prior notice and the prices applied to the Customer correspond to those displayed on the Site at the time of the order. The goods remain the full property of PHYLTRES until receipt of the total amount due paid by the Customer.

Article 4 - Order

The order is validated once payment has been accepted by PHYLTRES. PHYLTRES reserves the right to refuse an order if the Customer has an existing dispute with PHYLTRES or if PHYLTRES believes that the Customer is at risk of defaulting on payment. PHYLTRES reserves the right to ask the Customer for additional information if it deems it necessary, such as proof of identity or proof of address. If the Customer does not respond within 5 days of placing the order, the order and payment will be cancelled. PHYLTRES undertakes to honor the orders received, only within the limits of available stocks.

Products sold on the site may not be resold without the written consent of PHYLTRES.

Products sold on the site may not be repackaged and resold without the written consent of PHYLTRES.

Article 5 - Payment

The price is payable in full after confirmation of the order. Payment is made immediately upon ordering by credit card. The Site is equipped with a system of security of the on-line payments allowing the consumer to encrypt the transmission of his banking data via the server monétique of the platform of payment security. At no time will the consumer's banking data be transmitted unencrypted on the network.

Article 6 – Delivery in Metropolitan France (weekends and holidays excluded)

Delivery means the transfer of physical possession of the goods to the consumer.

Under normal conditions, PHYLTRES will process the order as quickly as possible from Monday to Friday, excluding holidays. PHYLTRES undertakes to ship orders within 24 hours following the validation of the order and subject to available stocks.

 
Deliveries may be delayed during busy periods (holiday season, special promotions). We invite you to anticipate your orders and we will do our best to deliver as soon as possible.

Article 7 – International deliveries 

International deliveries are handled by Colissimo, B2C ou DHL. Delivery times and costs vary according to the country of destination. Shipping costs, taxes and customs duties are at your expense.

Delivery times are given as an indication and are the responsibility of the carriers. PHYLTRES cannot be held responsible for any failure to meet these deadlines.

Except for weekends and holidays, from Monday to Friday, an order placed before 11:30 am is processed and shipped the same day. After this time, the order is shipped the next day.
After 11:30 am on Friday and all weekend, the order is shipped the following Monday.
In the case of a holiday, the order is shipped the next business day.

Article 8 – Return of products and right of withdrawal

In compliance with the legal provisions in force in the Consumer Code, the non-professional customer has a right of withdrawal that he/she may exercise without having to justify a reason within a period of fourteen (14) days from the receipt of the products. If the order includes several products, the withdrawal period runs from the date of receipt of the last product.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) to enable them to be put back on the market in a new condition. Damaged, soiled or incomplete products are not accepted.
In order to exercise this right of withdrawal, the customer has up to fourteen (14) days after receipt of the order to inform PHYLTRES of their decision to withdraw by letter expressing without ambiguity their desire to withdraw or via the withdrawal form. The customer must then return the product in its original packaging, at its own expense, at the latest within fourteen (14) days following the communication of its decision to withdraw, to the following address

PHYLTRES
At DISPEO /HAPPYCOLIS
Rue Hippolyte Bayard
60000 Beauvais
FRANCE

If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. If the product is not returned within the fourteen (14) day period, the order is deemed final and no refund will be made. If the return is accepted after verification of the condition of the product(s), Phyltres will reimburse the customer for all sums paid by the latter, by the same means of payment as used by the customer, as soon as possible and at the latest within fourteen (14) days of receipt of the product(s) by PHYLTRES. The initial delivery costs are included, with the exception of the return costs, which remain the responsibility of the customer.
The model retraction form should be requested by email from bonjour@phyltres.com and returned by registered parcel with acknowledgement of receipt, accompanied by the product(s) concerned.

Article 9 – Respect for privacy

The transmission of your personal information on our store is governed by our Privacy Policy.  

Article 10 - Propriété intellectuelle

All materials on the Site, whether visual, textual or audio, are the exclusive property of PHYLTRES or the relevant intellectual property rights holder, and are protected by French and international copyright laws. 

You may not modify, in any way, the paper or digital copies printed or downloaded from our Site, and you may not use any illustrations, photographs, video or audio sequences, or any graphics independently of the text relating to them.

If you reproduce and/or use any illustration, photograph, video or audio clip, or any graphic from our Site, you must always acknowledge our authorship of that content (and any contributors to it).

You may link to our Website if you do so in a fair manner and do not damage our reputation or take advantage of our goodwill. You may not, however, establish such a link in such a way as to suggest any form of association if such association does not exist. Furthermore, it is strictly forbidden to set up a link to our Site on a website that does not belong to you. We reserve the right to remove links without notice. 

You must not misuse our Site or knowingly introduce viruses, Trojan horses, etc. or any other malicious or technologically harmful material.

You must not attempt to gain unauthorised access to our Site, the server that hosts it or any other server, computer or database connected to our Site. You must not attack our Site via a "denial of service attack" or "distributed denial of service attack".

We will report any violations to the appropriate law enforcement authorities and cooperate with them by disclosing your identity to them if necessary. 

We will not be liable for any loss or damage caused by a distributed denial of service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of our Site or to your downloading of any material from this Site or any linked site.

If you fail to comply with any of the above provisions (including, without limitation, any misuse of any illustrations, photographs, video or audio clips, or any graphics on our Site), we reserve the right to delete your user account and bar you from accessing our Site (temporarily or permanently).

You must also, upon our first request, return or destroy any copies (paper or computer) you may have made. We also reserve the right to claim damages.

Article 11 - Limitation of liability

 PHYLTRES shall not be liable to any third party for any indirect damage, special damage or incident resulting from the Customer's negligence, failure or clumsiness, or resulting from the Customer's misuse of any of the products offered for sale on the Site.  PHYLTRES' obligation with respect to access to the Site, consultation of the Site, the ordering process, payment, delivery and service is limited to the means.  PHYLTRES shall not be held liable for any inconvenience or damage inherent to the Internet network, in particular any disruption of the connection or any intrusion of a computer virus. In addition, PHYLTRES shall not be held liable for any act of God as defined by the French Supreme Court. Finally, PHYLTRES' liability is limited to the amount of the Customer's order.

Article 12 - Complaints and information

If you have a question, complaint or need information regarding the online sales conditions set up by PHYLTRES, please contact Customer Service by e-mail at the following address bonjour@phyltres.com.

Article 13 – Miscellaneous provisions

If one or more stipulations of the present General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. The fact that our company does not avail itself at any time and for any reason whatsoever of any of our rights shall not prevent us from availing ourselves at any time of all our rights, including the one we have not availed ourselves of. 

Article 14 – Applicable law, reclamations and mediation 

In the event of a dispute, in accordance with Article 12, the Customer must first contact PHYLTRES in order to find an amicable solution.
In accordance with articles L612-1 to L-612-5 of the Consumer Code, the Customer is informed that, in the event that no amicable solution has been found with PHYLTRES, he/she may resort to conventional mediation, in particular with the Commission for Consumer Mediation or with the existing sectorial mediation bodies, the references of which are indicated below - articles L.616-1 and R.616-1 of the Consumer Code:
by e-mail mediateurduecommerce@fevad.com or by post to Service du Médiateur du e-commerce de la FEVAD - 60 rue de la Boétie - 75008 Paris) or to any alternative dispute resolution method in the event of a dispute.
The Client accepts and fully recognises that all disputes to which the site navigation, purchase and sale operations concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the Client (or the Internet user) and PHYLTRES, will be submitted to the competent French courts under the conditions of common law.

Article 15 – Modification of the T&Cs/CGVs

PHYLTRES reserves the right to modify and update the TOU/CGS without prior notice.. PHYLTRES will publish the new GTC/CSR on its Website. In order to be informed of these possible modifications, PHYLTRES  advises the Customer to reread the GTC/CS on the Site regularly. The Customer's order will be subject to the GTC/CSG in force at the time of the order.

Article 16  – Contact information

Questions about the Terms of Use should be sent to us at bonjour@phyltres.com.