ARTICLE 1 - SCOPE OF APPLICATION
Any sale contracted electronically with our company on the site www.phemerie.com is subject to the present general terms and conditions of sale. For any further information, the customer can contact the Customer Relations Department at this email address: www.phemerie.com.
The site www.phemerie.com is reserved for consumers. The purchase of product(s) by a professional for resale is prohibited.
ARTICLE 2 - IDENTIFICATION OF THE OFFEROR
Company « ALDEBARAN»
Address : 96 Rue de Turenne, 75003 Paris
ARTICLE 3 - CONSUMER INFORMATION
In accordance with Articles L 111-1 and L 113-3 of the French Consumer Code, the essential characteristics and prices of our products sold electronically are available on the websit www.phemerie.com.
In addition, the customer receives the information provided for in Articles L 121-18 and L 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by these general terms and conditions of sale, which he declares to have read before the validation of his order and to which he has access from the website www.phemerie.com.
Photos of the items for sale on the site www.phemerie.com have no contractual value and are likely to vary slightly from the items themselves.
ARTICLE 4 - PRICES AND CONDITIONS OF VALIDITY
The prices of the products sold on the site www.phemerie.com are indicated by article and reference and are understood to include all taxes (including VAT) excluding delivery costs. At the time of order validation, the price to be paid by the customer is the all-inclusive price, i.e. the sum of the price including VAT of the items making up the order plus delivery costs. The telecommunications costs inherent to access to the site remain the responsibility of the customer.
The conditions of validity of our product and price offers are determined by the updating of the site at the end of our collections or promotions and remain applicable as long as they remain accessible to us.
Products for sale on the website www.phemerie.com are available within the limits of available stocks. If one or more items ordered are no longer available, the customer will be informed by email as soon as possible. The customer will then have the choice between keeping the rest of his order or cancelling it in full. If the customer's credit card has been debited, the refund of the amount concerned will be made by crediting the bank account corresponding to the credit card used for payment at the latest within 30 days.
The sale prices are valid on a selection of items listed on the e-shop, while stocks last. The offer is valid in France only on the e-shop www.phemerie.com.
ARTICLE 5 - STAGES OF THE CONCLUSION OF THE SALE
1- Add the items to your shopping cart.
2- Fill in the order form.
3- Check the elements of your order, identify and correct any errors made during entry.
4- Validate the order, the total price and the all-inclusive price, by clicking on "Pay for my order", which implies the acceptance of Phemerie’s General Terms and Conditions of Sale.
5- Follow the instructions of the payment server of our partner Banque Populaire to pay for your Phemerie order. Your bank account is debited with the all-inclusive price including the total price of the items shipped and the shipping costs.
6- You will receive an electronic acknowledgement of receipt confirming your order.
7- You receive your package at the delivery address you indicated when you placed your order.
When drawing up the account opening form, communicating his personal data, his credit card number and the confidential data relating to it and validating the order, the customer undertakes to comply with these contractual conditions in accordance with Article 1316-1 of the Civil Code.
Phemerie may refuse to honour any order that is abnormal or abusive in nature.
ARTICLE 6 - SECURE PAYMENT
The customer's purchases are paid for by credit card, cheque or PayPal account.
For payments by credit card (CB, Visa or Mastercard), BNP Paribas is the only one, through its secure area, to have access to the customer's banking information. This information does not pass in any way through the site www.phemerie.com.
Paypal allows you to pay online without providing your financial information during the transaction.
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card number and the above-mentioned information, the customer authorizes Phemerie to charge his credit card for the total amount including VAT of his order (including shipping costs).
To this end, the customer confirms that he is the holder of the credit card to be debited and that the name appearing on this credit card to be debited is his own and then communicates in a secure environment on the website of our payment partner Banque Populaire, the sixteen-digit number and expiry date, appearing on the front of his credit card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back of his credit card.
In order to provide additional security to online payment by credit card, this payment will benefit from the 3D secure program.
The purpose of this program is to combat fraud by asking Internet users who wish to make a payment on the Internet to identify themselves at the time of payment by credit card on the site of the online merchant.
During the transaction, the cardholder is directed to a page of his bank and enters data that the bank can verify.
This security is evidenced by the presence of the "Verified by VISA" or "MasterCard SecureCode" logos
ARTICLE 7 - SHIPPING AND DELIVERY
For any order placed on www.phemerie.com we undertake to prepare your order in 48 to 72 hours and in a maximum of 10 working days during periods of high activity (Christmas, sales, etc.).
When entering his order, the customer must choose the delivery method offered on the e-shop site and the place of delivery:
- Colissimo for delivery in metropolitan France and Corsica
- International Colissimo for delivery abroad.
- Delivery by courier to Paris during the day from Monday to Friday for any order before 2pm, delivery the next day for any order after 2pm.
In case of absence during a Colissimo delivery to the address indicated by the customer, the package is left in the customer's mailbox. If this is not possible, a transit advice note is normally deposited by the carrier: the customer can then collect his parcel from the post office with an identity document within 15 days of the date of filing of this advice. After this period, the package will be sent back to Phemerie. The Phemerie Customer Relations Department will then contact the customer for a possible reshipment or, without a response from the customer, a refund of the order.
The customer can follow the progress of the processing of his order by contacting Phemerie’s customer service by email: [email protected] which will inform them of the status of their order. If the order has been sent, Phemerie will provide a parcel tracking number to the customer, who will then be able to track his shipment by going to the websites made available by Colissimo: http://www.coliposte.net
Each delivery is deemed to have been made as soon as the carrier makes the product available to the customer, as evidenced by the delivery follow-up offered on the Colissimo websites mentioned above.
If 5 working days after the shipment of the package, the customer has no news of his order, he must contact the post office nearest to the place of delivery. If neither the post office nor the delivery tracking system offered on the Colissimo websites mentioned above claim to have a trace of this package, the customer must then contact Phemerie through Phemerie’s Customer Relations Department, which will then open an investigation with the Post Office. La Poste's final response times vary from one to three weeks from the date on which the file is taken into account by Phemerie’s services. - If the package is found, it is sent to the customer: the reception procedure then follows its normal course (deposit of the package or transit advice) - If the package is declared lost (the final answer is often formulated within the maximum time limits, i.e. three weeks), Phemerie then notifies the Customer and immediately starts the refund of the package (products and shipping costs)
In case of non-delivery due to a wrong address provided by the customer, or any other cause of his fault (lack of name on the mailbox, lack of information...) the return of the package will be reorganized, at the expense of the customer.
In the case of delivery by courier to Paris within the city limits, delivery will be made from Monday to Friday during the day for any order placed before 2pm, and the next day for any order placed after 2pm. In the case of orders on Saturday or Sunday, delivery by courier will be made on the following Monday.
For any delivery by courier to Paris within the city walls, the courier must be received. To do this, the customer must enter his complete contact details (code/intercom/floor) on the www.phemerie.com website when registering the delivery. In case of absence, the courier will leave the package in the mailbox or at the reception desk of the organization. If no one can receive the package, and no mailbox is accessible, another race will be organized, at the customer's expense.
Are considered in particular as cases of force majeure relieving the Phemerie company of its obligation to deliver: war, riot, fire, flood, strikes, accidents, impossibility to be supplied...
In any event, the timely delivery of our products can only take place if our buyers are up to date with their obligations to us.
It is the customer's responsibility to check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears clear signs of deterioration. These reservations and complaints must be addressed to the carrier by registered letter with acknowledgement of receipt within 3 working days, not including public holidays, following the delivery of the products, a copy will be immediately sent to Phemerie . Failure to file a claim within the said time limits shall extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the French Commercial Code.
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply in kind or quality with the specifications indicated in the delivery note, the customer must inform Phemerie’s Customer Relations Department by email: [email protected] and return the items to the address and under the conditions provided for in Article 8.
ARTICLE 8 - RETURN POLICY
In accordance with articles L 121-20 et seq. of the Consumer Code, the customer has a reflection period of fourteen clear days from delivery to reconsider his decision and return the item ordered without having to justify any reasons or pay any penalties.
The return costs are at our expense only in metropolitan France.
For all outlet sales, in view of the very low prices charged, the exchange and return costs are exceptionally charged to the customer.
Beyond this 14-day period, as evidenced by the postmark, no returns will be accepted.
Please note that from this day forward, you have one week to return your parts. After this period, your return package will unfortunately no longer be taken into account and will be redirected to you.
In all cases, items must be returned in their original packaging, complete, labelled, new, unworn, unwashed and accompanied by the return slip carefully completed, to the following address:
96 Rue de Turenne, 75003 Paris
Returned items that do not meet the conditions listed above (return in their original packaging, properly folded, complete, labelled, new, unworn, unwashed) or that are rolled into a ball, damaged, damaged, deteriorated or soiled by the customer will not be refunded.
The risks of return are always the responsibility of the customer. The customer is therefore strongly encouraged to return the package by any means that provides proof of its shipment and gives it a certain date (registered with acknowledgement of receipt, colissimo suivi, etc.). Otherwise, Phemerie will not be able to process your return.
If the return is due to an error on our part, the shipping costs of the outward journey that have been paid by the customer will be refunded.
Once the goods have been received, controlled and accepted by our services, Phemerie will refund the customer the price of the returned products or issue a credit note valid for 6 months on the site, at the latest within fourteen (14) days of receipt by the products.
If you wish to order a product in another size, we advise you to place an order again in the desired size, and send an email to Phemerie to have the shipping costs of the second order refunded.
When an order has been placed with a discount voucher, the value of the discount voucher will be deducted from the amount of the refund prorated to the number of items ordered.
When an order has been placed with a credit note, the returned products will not be refunded. Only the exchange or credit note will be authorized.
For any other information, complaint or question relating to the conditions of sale by mail order set up by Phemerie, customers should contact by email at the following address:
Phemerie in both cases, indicating the reference and date of the order.
ARTICLE 9 - WARRANTY AND LIABILITY
Notwithstanding the specific warranty conditions given to the customer with the delivered item, the items marketed on the site www.phemerie.fr are subject to the warranty conditions provided by law.
The responsibility of the company Phemerie cannot be engaged:
- in the event of a breach of contractual obligations due to a fortuitous event or force majeure;
- in the event of non-substantial differences between the photos, texts and illustrations of the articles on our website and the articles ordered.
ARTICLE 10 - DATA CONFIDENTIALITY
Phemerie manages an electronic file containing certain personal data relating to its customers. During an order placed on the site www.phemerie.fr by any new customer, this database is enriched with information concerning him/her, which will then make it possible to better meet his/her expectations and facilitate the assistance services provided by the Phemerie Customer Relations Department.
This database has been declared in accordance with the requirements of the French law on Data Processing, Data Files and Individual Liberties of 6 January 1978, amended by the law of 6 August 2004.
In the event that the customer agrees to provide individual personal data, he/she would then have the individual right of access, withdrawal and rectification provided for by law and may in this respect have his/her information that is no longer relevant deleted, by making a written request to Phemerie, please send an email to the following address:[email protected]
Depending on the choices made when creating or viewing their accounts on the Internet, customers may choose whether they wish to receive offers from the Phemerie brand, and/or offers from external Phemerie partner companies. If a customer no longer wishes to receive these offers, he may at any time request them by email to Phemerie customer service: [email protected]
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
The "Phemerie" trademark, illustrations, logos and slogans, designs and models appearing on the site are and will remain the exclusive property of the Phemerie company. Any total or partial reproduction, without the express prior consent of Phemerie , is strictly prohibited pursuant to Articles L 335-2 and L 335-3 of the Intellectual Property Code and constitutes an infringement and an offence.
ARTICLE 12 - APPLICABLE LAW
These general terms and conditions of sale and the commercial relationship between Phemerie and the customer are governed by French law. Any dispute relating to the commercial relationship between Phemerie and the customer shall be submitted to the jurisdiction of the French courts.