The products and services available for sale are offered by the company Phygitags domiciled at IOT Valley - 231 rue Pierre et Marie Curie - 31670 Labège registered under the number 917 986 531 000 15 and represented by Margaux Laforgue in her capacity as manager. By buyer, we mean any person who places an order or directly purchases products and services from our company via the website: www.phygitags.com
1) Purpose
The present provisions determine the general conditions fixed by the company Phygitags for the products proposed with the sale on its Web site: www.phygitags.com. The company Phygitags is hereafter called " Phygitags " or " the salesman ". Any order addressed to Phygitags necessarily implies as an essential and determining condition the acceptance without reserve of the present General Conditions of Sale by the buyer.
2) Modification of the General Sales Conditions
The seller reserves the right to modify its general sales conditions at any time. The applicable general conditions of sale are those in force at the date of the order.
3) Price and features
a) General
The products offered for sale are sold at the price displayed on the site www.phygitags.com. The elements such as photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the purchaser recognizes. The prices are displayed in euros and include all taxes. The sale price of the products is the one in force at the day of the sale or the placing of the order. Phygitags reserves the right to modify its prices at any time and without notice.
b) Promotional code
Promotional codes apply to non-rebate base prices only. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per customer account unless otherwise instructed by Phygitags. These codes are not refundable during an exchange.
4) Controls
Any order will be considered complete once the customer has definitively validated his order and proceeded to the payment of the latter. No discount for early payment of the buyer can be granted. All orders placed by the buyer are firm and final. The buyer is required to provide complete, up-to-date and accurate information. The responsibility of the salesman not being able to be committed for this reason. The buyer is informed that some of the information requested is mandatory for the proper execution of the order he has placed, which he expressly acknowledges. The description of the products is available to the buyer on the site, which the buyer accepts and acknowledges. A confirmation of the taking into account of the order will then be addressed to the purchaser by email. Notwithstanding any written proof or proof kept on another durable support to which the buyer will have access, it is agreed that the registers, kept in the computerized systems of Phygitags, constitute the proof of the communications, of the content of the orders and of the whole of the transactions between the parties. Any partial or total cancellation of an order by the buyer without prior written consent by Phygitags will be invoiced in its totality whatever the cause of the cancellation.
5) Stock availability
The products are delivered within the limits of available stocks. In case of unavailability of the ordered product, Phygitags informs the buyer immediately and can propose a product of an equivalent quality and price or, failing that, a credit note valid for a next order. In case of disagreement of the buyer, the seller proceeds to the reimbursement of the sums paid within seven working days. Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity.
6) Payment
Full payment is due at the time of order. No deposit system can be set up. The order will be said to be complete as of the perfect payment. The payment can be made via the means of payment set up on the ordering platform. Phygitags reserves the right to refuse any order from a buyer with whom there is a present or past dispute. Any dispute concerning the invoicing will have to be formulated in writing within 5 working days from the reception of the invoice by the buyer, under penalty of inadmissibility.
7) Default of payment
Failure to pay a single invoice by its due date will result in the immediate payment of all sums due by the buyer and not yet due.
In the event of late payment, a late payment penalty at the rate of 12% per annum is due. Pursuant to Article D.441-5 of the Commercial Code, in the event of late payment, the debtor shall also be liable to the creditor, in addition to the late payment penalties already provided for by law, for a fixed indemnity for collection costs of 40 euros. The buyer shall reimburse all costs incurred by the contentious recovery of the sums due, including the fees of the legal officers.
8) Delivery
Delivery shall be made in accordance with the order either by direct delivery of the product to the buyer or by delivery to a shipper or carrier on the seller's premises. In the latter case, the delivery costs will be borne by the buyer. We commit ourselves to deliver within 25 working days from the date of the complete order, unless otherwise indicated at the time of the order. However, as the seller calls upon external service providers for the routing of orders, Phygitags is dependent on these third party service providers. The delivery times indicated on the Site can thus be impacted because of the service providers without Phygitags being responsible for these delivery delays and the consequences which could result from them. In all cases the delivery costs will be borne by the buyer unless otherwise indicated at the time of the order. Additional costs (taxes related to the import or to the regulation of the country) can be supported by the buyer for all the orders implying a delivery outside the French territory.
9) Right of withdrawal
The products being personalized, no right of retraction is authorized. Any order validated by the purchaser constitutes a firm and final sale.
10) Retention of title and risk clause
The property of the goods will be transferred to the buyer after perfect payment of their price and its accessories. In case of damage or loss affecting the sold goods, object of the clause of property reserve, and remained unpaid, Phygitags will be able to claim from the purchaser or his insurer the benefit of the paid insurance compensation.
11) Warranty
A warranty is granted to the buyer for a period of one year from the date of delivery of the products. This guarantee covers only the technical malfunctions of the products. In no case will it cover breakage, deterioration of the products or their normal wear and tear. Under this warranty, the only obligation incumbent on the seller will be, at its option, the free replacement or repair of the product or the element recognized as defective by its services, unless this method of compensation proves impossible or disproportionate. In order to benefit from the warranty, any product must first be submitted to the seller's after-sales service, whose agreement is essential for any replacement. The possible shipping costs are at the expense of the buyer who will not be able to claim any compensation in case of immobilization of the good because of the application of the guarantee.
12) Limitation of liability and force majeure
The maximum amount of indemnities that can be paid by Phygitags cannot exceed the total amount, excluding taxes, invoiced to the buyer for the order that generated the damage, except in the case of physical injury. The total or partial impossibility to use our products, notably because of a problem of compatibility (material) or access to the internet, cannot give rise to any compensation or reimbursement or to any questioning of our responsibility. The responsibility of Phygitags or the buyer cannot be implemented if the non-execution or the delay in the execution of one of the obligations described in the present general conditions of sale results from a case of force majeure. Force majeure is defined as events of a climatic, bacteriological, military, political, computer or pandemic nature such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the spread of a bacterial infection; the use by a State or a terrorist group of weapons of any kind disrupting the continuity of commercial relations; nationwide social movements; the decision of a
government to set up a maritime, air and/or land blockade. The Party wishing to invoke force majeure shall notify the other Party by registered letter, explain the impact of the event on its ability to fulfill its obligations and provide evidence of the existence of force majeure, in particular by means of decisions from an administrative authority. In the event of the occurrence of such events, the parties shall endeavor in good faith to take all reasonable steps to continue performance of this order. If the event at the origin of the force majeure becomes definitive, the contract will be terminated by right. No compensation can then be claimed by either party. If expenses have been incurred for the execution of the present contract, these will remain due by the other party.
13) Intellectual Property
Phygitags retains all industrial and intellectual property rights relating to the PHYGITAGS® brand, products, photographs, documentation, techniques which cannot be communicated or used without prior authorization. Any use of the intellectual property rights belonging to Phygitags of any nature whatsoever and in any form whatsoever is prohibited. This site or any part of this site must not be reproduced, copied, sold or exploited for commercial purposes without the express written authorization of Phygitags.
14) Personal data
When the buyer places an order, several personal data are processed and stored by Phygitags : name, first name, company name, SIRET number, postal address, email address, telephone number, invoice, estimate. The personal data communicated to Phygitags by the purchaser has the objective of the good execution of the orders, the management of the commercial relations, the improvement of the quality of the products and services proposed, the implementation of commercial statistics and/or to allow the purchaser to benefit from the offers of the company Phygitags. The purchaser consents to the use of his data by the above-mentioned recipients. In accordance with the provisions of the General Regulation on Data Protection, the buyer has the right to access, rectify, delete and oppose any personal data concerning him/her, which he/she can exercise by writing to the Phygitags headquarters. The Phygitags company keeps, in order to be in accordance with the French legislation, the invoices, estimates and delivery forms of the purchasers for a duration of ten years. The information relative to the orders of the purchaser (for example your name, first name, address.) can be transmitted to the companies dealing with the good execution of the orders like the companies dealing with the logistics, the encoding or the sending of your orders. When placing an order, the buyer may be asked to indicate his telephone number. Phygitags does not resell your number for telephone canvassing. Phygitags commits itself to use the number of its purchasers with the simple aim of ensuring the good execution of the orders or to propose new offers or services.
15) Applicable law
The present general conditions as well as the sales and services that they govern are subject to French law. In case of litigation, the parties will try to solve it amicably. The buyer can contact Phygitags by mail at the following address: contact@phygitags.com or by post: PHYGITAGS - 231, rue Pierre et Marie Curie - 31670 Labège. Phygitags commits itself to answer the buyer within 30 days. Any dispute that cannot be settled amicably, concerning the application of the present general conditions, their interpretation, their execution and the contracts and sales concluded by Phygitags will be brought before the competent Court.
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