General Terms and Conditions of phi-denim for the online shop at phi-denim.com
1. Area of validity/contact details
1.1. . These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between phi-denim, and you as our customer via our online shop on phi-denim.com (hereinafter referred to as “online shop“).
1.2. Divergent, contradictory or supplementary General Terms and Conditions of yours shall become an integral part of the contact only if expressly accepted in writing by us. Our mere knowledge of your General Terms and Conditions shall not make them an integral part of the contract.
1.3. The version of the GTC which is valid when the contract is concluded shall prevail.
1.4. Our contact details are:
Phi Denim Limited
Plato A9, Business Park
Dublin 15
Ireland
Company Number 551326
VAT Number IE3316134MH
Téléphone : +33 6 80 20 49 09
e-mail : info@phi-denim.com
Directeur General : William Merger
2. Approved customers, destinations and order quantities
2.1. You may place orders in our online shop only if you act as a consumer and not as a contractor or within the scope of an activity as a self-employed person.
2.2. We shall accept such orders which stipulate delivery to the countries on the website phi-denim.com
2.3. Furthermore, we shall accept only such orders which stipulate the delivery of consumer quantities.
3. Conclusion of contract
3.1. The presentation and promotion of items in our online shop does not constitute a binding offer for the sale of certain items.
3.2. When you submit an order via the online shop, you shall be placing a legally binding order.
3.3. A purchase contract is not yet concluded by the submission of your order. First you shall receive from us a confirmation of your order by e-mail; this confirmation is not a legally binding acceptance of your order. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item.
4. Prices and shipping costs
4.1. Unless marked otherwise, all prices in our online shop are gross prices including sales tax. Shipping costs shall be added where appropriate and must be borne by you.
4.2. The shipping costs are stated for each item in our online shop. The price including sales tax and shipping costs is also shown on the order form before you submit the order.
4.3. If we fulfil your order in accordance with Number 6 of these GTC by partial delivery, you shall incur shipping costs only for the first partial delivery. If the partial delivery takes place at your wish, we shall charge shipping costs for every partial delivery.
5. Terms of payment and offsetting
5.1. You may use the methods of payment which are shown in our online shop.
5.2. You may only offset such claims against our own as are legally recognised, ready for decision or undisputed.
6. Partial deliveries
We are entitled to make partial deliveries, if this is deemed acceptable to you.
7. Reservation of self-supply and retention of title
7.1. If we cannot or cannot punctually deliver an ordered item after conclusion of a contract with you, although we entered into a purchase agreement with a supplier before we concluded the contract with you, we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.
7.2. The items delivered shall remain our property until complete payment of the purchase price.
8. Right of Cancellation and Consequences of Cancellation.
8.1. Right of Cancellation.
Customers have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of 7 clear days from receipt of the products ordered. Customers are responsible for the cost and the safe return (original packing, products are not to be worn nor washed) accompanied by the order number to the following address:
Alexis Ratajczak
phi.denim
40 rue des Remparts d’Ainay
69002 Lyon / FRANCE
Téléphone : +33 6 80 20 49 09
phi-denim company will refund the Customer the possible money already paid, excluded shipment fees, and under the conditions described in the following paragraph (8.2).
8.2. Consequences of cancellation
Consequences of cancellation
in the event of a valid cancellation, both parties must return the received goods or payments as well as any derived benefits (e.g. interest). if you are unable to return the services or goods received in whole or in part, or if you can only return them in a deteriorated condition, you shall be liable to pay us compensation accordingly. this shall not apply to surrendered items, if such deterioration of the items can be attributed solely to their examination – as it would have been possible for you in a retail shop. In other respects you can avoid the obligation to compensate for deterioration due to the utilisation of the items as intended by not using the items as if they were your property and by refraining from doing anything that could impair their value. Items suitable for delivery by parcel post are to be returned at our risk. Obligations to reimburse payments must be met within 30 days. this period shall commence for you when you send your notice of cancellation or the items, for us when we receive them.
9. Defects of quality and title / colour variations / care of the delivered items
9.1. In the event of any defects of quality or title you are entitled to all rights pursuant to the legal regulations, however with the proviso that the restrictions and exclusions stipulated in number 10 shall apply to damage claims or claims for reimbursement of wasted expenditure.
9.2. Slight colour variations between the colours of the items shown on the website and their actual colours may occur for technical reasons.
9.3. please note the washing and care instructions that are printed on the labels of the delivered items. we are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.
10. Liability
10.1 In all cases of contractual or non-contractual liability, we shall be liable to you for damage caused intentionally or by gross negligence in accordance with the legal regulations pertaining to compensation for damages or reimbursement of wasted expenditure.
10.2 In other cases we shall be liable – unless regulated otherwise in Number 10.3 – only in the event of an infringement of a contractual obligation whose fulfilment makes the proper execution of the contract possible in the first place, and whose fulfilment you as a customer can regularly rely on (so-called cardinal obligation), namely restricted to compensation of foreseeable and typical damage. Subject to the provision stipulated in Number 10.3, our liability shall be excluded in all other cases.
10.3 Our liability for damages (i) resulting from personal injury, bodily harm or danger to health, (ii) pursuant to the Product Liability Act as well as (iii) from guarantees of quality and/or durability shall remain unaffected by the foregoing limitations of liability and exclusions of liability.
11. Customer service / support
If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, telephone or e-mail using the contact details specified above in number 1.4.
12. Warranties
Every order is submitted to the Customer’s acceptance of the terms & conditions of use, which are subject to the French law. In case of litigation, the French Courts shall have the exclusive jurisdiction to resolve it. In case of problem or complaint, the Customer may address to the Customer Service department to find a mutual agreement.