General terms and conditions of sale

The products presented on the Philosophale web site accessible via philosophale.com (hereinafter, the “Site”) are sold by the company Philosophale, a French société par actions simplifiée with a capital of 1,000 euros, whose registered office is located at 69 avenue de Suffren 75007 Paris, registered with the Registre du Commerce et des Sociétés de Paris under number 903 148 567 (hereinafter, “Philosophale”).

The present General Terms and Conditions of Sale govern all visits and orders made on the Site by a consumer, i.e. a natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity as defined in the French Consumer Code (hereinafter “You”).

If You are not a “consumer”, we invite You to refrain from entering into commercial transactions on the Site and to contact us via contact@philosophale.com in order to obtain the conditions applicable to Your situation.

You must be at least 18 years of age and have legal capacity. Philosophale reserves the right to refuse orders from anyone who is not a “consumer”.

The General Terms and Conditions of Sale in force are those accessible on the day the order is validated. They may be amended at any time, in particular to take account of any changes in legislation. The new General Terms and Conditions of Sale will apply on the date they are published on the Site.

If you do not agree with any of the terms indicated in the present General Terms and Conditions of Sale, Philosophale invites You not to validate your order form. By validating your order form, you confirm that you have read and accept the present General Conditions of Sale without exception.

Article 1 – Products and Prices

Philosophale offers a range of products which may change at any time at the sole discretion of Philosophale (hereafter, the “Products”).

Our product offers are valid as long as they are online and are offered within the limits of available stocks.

The photographs, 3D representations and texts on the Site illustrating the Products presented are not contractual and may have been retouched.

The characteristics of each Product are detailed on the Site.

The prices of our Products are indicated in Euros, inclusive of all taxes but excluding delivery costs. The Site reserves the right to change prices at any time. The applicable prices are those in force at the time Your order is validated.

The Products offered comply with current French legislation. In the event of an order to a country other than mainland France, You are the importer of the product(s) concerned. Customs duties, local taxes, import duties or state taxes are likely to be required and will remain at your expense. You are entirely responsible for declaring and paying these to the relevant authorities and organisations in your country.

Article 2 – Ordering process

In order to validate your order, You must :

– Go to the Site, learn about the Products and their characteristics

– Select the Products and place them in your basket according to the quantity requested

– Create your online account by filling in the form and following the instructions.

– Whenever you place a new order, check and, if necessary, update the personal details in your account.

– Check the contents of your basket and the quantity of Products ordered and correct or modify them if necessary. Before validating the basket, check the total amount of your basket, including delivery costs depending on the shipping method You have chosen, as well as the General Terms and Conditions of Sale.

Confirmation of the basket, including the shipping method, triggers the order payment process. You are then redirected to the online payment server to proceed with payment.

Philosophale will send you an email confirming your order.

The contract is deemed to have been concluded at the time the order is validated and is valid for the time required to fulfil the order, until the expiry of the guarantees and obligations owed by the parties.

The data recorded by the Site when orders are validated constitutes proof of all transactions between the Site and its customers. The data recorded by the payment system constitutes proof of the financial transactions.

Article 3 – Product availability and order validation

It is your responsibility to check during the ordering process, item by item, that the number and price are taken into account in the order form.

When a Product is no longer available, Philosophale will inform you by email of this unavailability and will propose conditions in accordance with the article “Delivery”.

Philosophale reserves the right to refuse any order with abnormally high quantities or if Philosophale has encountered payment problems with this consumer during a previous order.

Article 4 – Payment

All orders must be paid in Euros on our secure transaction platform STRIPE. Philosophale will accept your on-line payment by one of the following methods: Visa, MasterCard or American Express. Your payment is encrypted and secured by STRIPE. By communicating your credit card information, You authorise Philosophale to debit your credit card for the amount corresponding to the price of your order, all taxes included.

For a total amount greater than 800 Euros, additional information may be requested.

You confirm that you are the holder of the debited bank card and that the name appearing on the bank card is indeed yours.

In the event that the full amount of the order is not debited, Philosophale reserves the right to cancel the order without delay. It is your responsibility to place a new order with a valid means of payment.²²

The Products remain the property of Philosophale until full payment has been received.

The telecommunication costs inherent necessary to access the Site remain at your exclusive charge.

Article 5 – Deliveries – Shipping policy

It is your responsibility to ensure that your details are correct when placing your order: name, full delivery/billing address, email address and telephone number. Delivery will be made to the delivery address that You have indicated on the order form.

Philosophale delivers to all EU countries.

Delivery charges depend on the location and delivery method chosen by You and are calculated on the total amount of the order. They will be indicated to You at the end of the order process before You confirm the order.

After confirmation of the order and validation of payment by Philosophale, the Products will be delivered by the means chosen amongst those proposed during the order process.

We do our utmost to ensure that delivery takes place within the shortest possible time, 30 days at the latest. In the event of difficulties, we will keep You informed by email.

The delivery date is determined by the sum of the following elements: the successful receipt of your payment, the preparation of your order, the collection of the parcel(s) by the carrier and the delivery time of your parcel by the carrier according to the delivery method chosen by you on the Site.

When the parcel is sent, we send You the corresponding tracking number by email. From the moment the parcel is dispatched until its arrival, You can track it by entering its tracking number on the carrier’s website.

Customs duties and other taxes due in the country of arrival are at Your expense and Philosophale may not be held liable in the event that the Product is detained by customs.

Upon receipt of the parcel, You must verify the conformity of your order. Any anomaly concerning the references of the products delivered must be indicated on the receipt presented by the transporter and must be notified on the same day, or at the latest on the 1st working day following delivery, to the Philosophale customer service department (contact@philosophale.com).

In the event of deterioration of the Product during transport, You must inform the carrier at the latest within three days, not including public holidays, following the date of delivery of the Products. Failure to lodge a claim within this period shall extinguish any action against the carrier in accordance with Article L.133-3 of the French Commercial Code. A copy of your letter must be sent to Philosophale without delay.

In the event of a delay of more than 30 days, Philosophale will contact you by email or telephone to determine with You the follow-up to be given to Your order. The order will only be cancelled at Your express request sent to Philosophale by registered letter with acknowledgement of receipt specifying the date and order number, the Products and the amount concerned.

Article 6 – Guarantees

In accordance with article L.217-4 and following of the French Consumer Code, Philosophale is obliged to deliver a Product in conformity with the order and to respond to any defects in conformity existing at the time of delivery.

Within the meaning of article L.217-5 of the Consumer Code, the Product conforms to the contract:

1° if it is fit for the use normally expected of similar goods and, where applicable :

– if it corresponds to the description given by Philosophale and possesses the qualities presented in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12 of the French Consumer Code states that “any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods”.

In addition, under article 1641 of the French Civil Code, “the seller is liable for any hidden defects in the sold item that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them”.

If the Product(s) are non-conforming under the conditions provided above or if they present hidden defects, You must exercise these guarantees by sending your request to contact@philosophale.com to notify the non-conformity or the hidden defects of the Product(s). Philosophale will acknowledge receipt of Your request and will inform You of the steps to follow in this process.

Any return of a Product will be made under the same conditions as those referred to in article 6 of these terms and conditions.

After verification by Philosophale, if the non-conformity of the Product is confirmed, You will have the choice, in accordance with article L217-9 of the Consumer Code, between repair or replacement of the Product. However, Philosophale reserves the right not to proceed according to Your choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the Product or the importance of the defect.

If the hidden defect is proven, You may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

Limitation of liability

The liability of Philosophale with respect to any Product purchased on Philosophale.com is strictly limited to the purchase price of the Product. Philosophale shall in no case be liable for the following losses, regardless of their origin: loss of revenue or sales, operating loss, loss of profits or contracts, loss of anticipated savings, loss of data, loss of work or management time, loss of image, loss of opportunity, in particular to order a Product, moral prejudice.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any explicit or implicit guarantee, with the exception of the guarantees provided by law.

Philosophale provides no warranty regarding any harm that may be caused by the transmission of a computer virus, (or other malicious computer programs) or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, You acknowledge that it is Your responsibility to install appropriate anti-virus and security software on Your computer hardware and other devices to protect them from bugs, viruses and other such harmful programming routines. You acknowledge that you assume all risks associated with any content downloaded or otherwise obtained through the use of the Site and agree that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such content.

Article 7 – The buyer’s obligations

Following the purchase of a product, Philosophale offers You the possibility of publishing photos of its product or photos involving the use of its product on social networks. The Purchaser authorises Philosophale to reproduce and distribute this public content on the Philosophale website and social networks. Philosophale is not responsible for messages accompanying the publication of Your content on social networks. You nevertheless undertake to ensure that the content posted by You complies with the law, and that in particular no remarks may be considered illegal, unfair, discriminatory, racist, sexist or violent.

Article 8 – Intellectual property

In general, the trademarks, whether figurative or not, and more generally all logos, images, symbols and illustrations appearing on the Site and/or on the Products, their packaging, whether registered or not, (hereinafter, the “Intellectual Property Rights”) are and shall remain the exclusive property of Philosophale. Any reproduction, copy, distribution, modification or use, in whole or in part, of these Intellectual Property Rights, for whatever reason and on whatever medium, without the express prior agreement of Philosophale, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of Philosophale or for which Philosophale holds the rights.

Article 9 – Force majeure

The execution by Philosophale of its obligations under the terms of the present contract will be suspended in the event of Force Majeure for the entire duration of the Force Majeure, including in the event of disturbance, flood, fire or strike notably of postal services and means of transport or communication. Consequently, Philosophale will not incur any liability for any direct or indirect damage linked to such events beyond its control.

When the suspension of the execution of the obligations of Philosophale continues for a period of more than ninety (90) days, You have the possibility of cancelling the current order and Philosophale will then proceed with the reimbursement of the order.

Article 10 – Applicable law – Disputes

The present contract is written in French and subject to French law.

In the event of a complaint, You are invited to contact Customer Service:

contact@philosophale.com

Philosophale, 69 avenue de Suffren 75007 Paris, France.

In the absence of a satisfactory response to your complaint within one year of your request to our customer service department, You may have your complaint examined by a mediator. In accordance with article L.612-1 of the French Consumer Code, all consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. You may therefore contact the Online Dispute Resolution platform in accordance with Article 14 of Regulation (EU) No. 524/2013 via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

In the event of a dispute between Philosophale and You, and failing resolution of the dispute within the framework of the procedures set out above, the dispute will be brought before the competent French courts.

You may be assisted by counsel at any time, at your own expense.

Article 11 – Privacy policy

 1 – Personal data

Philosophale undertakes not to divulge to third parties any personal data that you may communicate to us. Your personal data will only be used by our internal services to process your order, reinforce and personalise communication, propose offers relating to Products reserved for Philosophale clients, send you Site newsletters and newsletters to which you have subscribed, to establish global trends in purchasing behaviour, without you being identifiable in any way, to send you any catalogues, to inform you about Philosophale products, to offer you an on-line communication tool, to inform you of events organised by Philosophale, to offer you the opportunity to participate in surveys, to allow you to follow the Site and its news.

The duration of data processing and storage is limited to the time during which you are subscribed to our newsletters. You may withdraw your consent and unsubscribe at any time by clicking on the unsubscribe link at the bottom of each email.

As a result, and in accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify and delete your personal data. To do this, simply send us a request online contact@philosophale.com or by post, stating your surname, first name, address and if possible your customer reference to: Philosophale, 69 avenue de Suffren, 75007 Paris, France.

2 – Cookies

Cookies are small text files stored by your browser on your terminal (computer, tablet, mobile phone, etc.) when you visit a website.

We use cookies.

Some cookies are necessary for the website to function properly or for security reasons. Most of these are “session cookies”, meaning that they are automatically deleted from your hard drive once the session is over (when you log out or close your browser).

Cookies recording your interface and browsing preferences are kept for longer, so that you do not have to enter or select this information again each time you visit.

For security reasons, all cookies deposited by this site are encrypted and cannot be read by any other application. No personal information is stored in these files.

Article 12 – Refund policy (Withdrawal / Return / Exchange)

1 Philosophale is committed to providing you with high quality products. Despite this, if You are not satisfied with Your order, You have a period of fourteen (14) days from receipt of the Products to exercise your right of retraction. To do so, You must send your request for return or exchange by email to contact@philosophale.com indicating the number and date of the order, your full name, delivery address and the Products concerned. Philosophale will inform you of the procedure to follow and You must prepare the parcel containing the Products and the invoice.

2 You must return the Products in their original condition (packaging) within fourteen (14) days of the agreement you have received by email from Philosophale. Philosophale may refuse the return, reimbursement or exchange of any product which has not been received within this period or which is incomplete, opened, opened or damaged or whose original packaging has been damaged.

3 All risks associated with the return of the Product(s) are at Your expense.

4 Return shipping costs are at Your expense. Philosophale will not accept packages sent postage due.

5 Any request for additional information should be addressed to: contact@philosophale.com or Philosophale, 69 avenue de Suffren 75007 Paris, France.