General Conditions of the SAS Phi 1.618, manufacture and sale of leather goods, n° Siret 852 153 915 00016 (code NAF 1512Z), and whose head office is located 47 rue d'Amsterdam, Paris 8ème.
The general sales conditions described below detail the rights and obligations of Phi 1.618 and its customer in connection with the sale of the following goods:
- Belts
- Leather goods
- Accessories
ARTICLE 1: Acceptance and scope of application
All orders for goods imply the buyer's unreserved acceptance of, and full compliance with, these general terms and conditions of sale, which shall prevail over any other document issued by the buyer, unless conditions are negotiated between the parties.
ARTICLE 2: Ordering
2.1: Order validation
Orders are not final until they have been paid for. The order confirmation will specify the references of the goods ordered, their nature, quantity, delivery date and payment terms.
2.2 : Order modification
The terms of the orders transmitted to Phi 1.618 are irrevocable for the customer, except written acceptance of our share. In this case, Phi 1.618 will not be bound to respect the deadlines initially agreed.
ARTICLE 3: Delivery
3.1 : Delivery times
Delivery times are given for information purposes only and are subject to the availability of goods and the order in which orders are received. Delays in delivery may not give rise to any penalty or indemnity, nor be grounds for cancellation of the order. However, if 1 month after the indicative delivery date, the goods have not been delivered, for any reason other than force majeure, the sale may be automatically cancelled at the request of either party, by registered letter with acknowledgement of receipt. In any case, on-time delivery can only occur if the customer is up to date with his obligations towards Phi 1.618 , whatever the cause, and without the customer being able to claim any compensation.
3.2 : Delivery terms
Delivery is made either by direct handover of the product to the customer, or by simple notice of availability, or by delivery to a shipper or carrier by Phi 1.618. In the case of direct handover, delivery will be subject to the issue of a delivery note to be signed by both parties.
3.3: Risks
The transfer of risk for goods sold by Phi 1.618 takes place when the goods are handed over to the carrier or when they leave our premises. As a result, the goods travel at the buyer's risk, and it is the buyer's responsibility, in the event of damage, loss or shortage, to make any reservations or exercise any recourse against the carriers responsible, in accordance with article L.133-3 of the French Commercial Code (Note: not applicable to international transport).
3.4 : Complaints upon receipt
Complaints concerning the non-conformity of the goods delivered with the goods ordered must be made by registered letter with acknowledgement of receipt or by hand-delivered letter against receipt, regardless of the seller's default.
ARTICLE 4 : Return of goods
All returns must be agreed in writing between Phi 1.618 and the customer. Any goods returned without this agreement will be held at the customer's disposal and will not give rise to a credit note or reimbursement of the said sum. All accepted returns, after verification of the returned products at the discretion of Phi 1.618, will be reimbursed.
ARTICLE 5: Rates
Our goods are supplied at the prices valid at the time the order is placed. All prices include VAT. Any tax, duty or other charge payable in application of French legislation or that of the importing country or a transit country, and any modification thereof between the date of the order and that of the invoice, shall be borne by the purchaser. Shipping costs are at the buyer's expense.
ARTICLE 6: Billing
All purchases of goods and services will be invoiced immediately upon completion of the sale, in accordance with the provisions of article L.441-3 of the French Commercial Code. The invoice will include all products supplied.
ARTICLE 7: Payment
7.1 : Terms and conditions
Payment will be made when the order is placed.
Payments will be made under the following conditions:- Payment by bank or postal cheque made payable to SAS Phi 1.618- By bank or postal transfer stipulating the invoice number- By credit card purchase on the phi1618.fr website.
ARTICLE 8: Reservation of ownership
Phi 1.618 reserves the property of the sold goods until the integral payment of their price in principal and interests in accordance with the law N° 80.355 of the 12/05/1980. In the event of non-payment of the price on the agreed due date, Phi 1.618 may take back the goods, the sale will be automatically cancelled if Phi 1.618 sees fit, and any deposits already paid will be retained by us in consideration of the customer's enjoyment of the goods.
Transfer of risk :
The goods will remain the property of our brand Phi 1.618 until full payment of their price, but the customer will become responsible for them as soon as they are physically handed over, the transfer of possession entailing that of the risks. The customer therefore undertakes to take out an insurance policy covering the risks of loss, theft or destruction of the designated goods.
ARTICLE 9: Force majeure
The occurrence of a case of force majeure has the effect of suspending the performance of Phi 1.618's contractual obligations. A case of force majeure is any event beyond our company's control which impedes its normal operation at the manufacturing or shipping stage. In particular, cases of force majeure include total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as interruptions to transport, energy supplies, raw materials or spare parts.
ARTICLE 10: Jurisdiction
All disputes relating to sales made by Phi 1.618, as well as those relating to the interpretation of the general conditions of sale, shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Paris.
ARTICLE 11: Applicable law
Any question relating to these terms and conditions of sale which is not covered by these contractual stipulations shall be governed exclusively by French law.
ARTICLE 12: Theft guarantee
The data collected by Phi 1.618 may be transferred to GRÂCE(Grâce SAS, 914099155, Capital social 2001€, 5 rue de l'agent Bailly, 75009 Paris)for the management of the commercial warranty.
