Terms and Conditions of Sale
The website teescoop.fr has been created by the company Ph-B Diffusion which is the owner and manager of this website. Every order of a product listed in the online shop of the website teescoop.fr implies the prior agreement of the present general terms and conditions of sales. The general terms and conditions of sales aim at defining the contractual relationship between the company Ph-B Diffusion and the customer, the general terms and conditions of sale are applicable to all sales completed on the Ph-B Diffusion commercial website, whether the customer is a professional or private individual. Consequently, the customer recognizes to be duly informed that his agreement regarding the contents of the present contract does not require the handwritten signature of this document, as far as the customer wishes to order on-line products presented in the teescoop website. The customer has the possibility to save or publish the present general terms and conditions of sale, being specified that the saving and the edition of this document concern his/her only responsibility, Ph-B Diffusion reserves the right to change and update these general terms and conditions of sales at any time. In this case, the applicable conditions will be the ones in effect at the date of the order by the customer. The on-line shop set up by the company Ph-B Diffusion within the framework of the website lists the following information: - legal notice allowing a precise identification of the company Ph-B Diffusion ; - presentation of the essential characteristics of the goods offered ; - indication, in Euros (all taxes included) of the price of the goods, as well as, if need be, delivery costs ; - indication of the terms of payment, delivery and execution ; - the existence of a right of withdrawal ; - the period for which the offer or the price remains valid ; All these information are presented in French. The customer claims to have full legal capacity enabling him/her to engage under these general terms and conditions of sale.
Article 1: Entirety
The present general terms and conditions of sale express the entirety of the parties’ obligations. Thus, the customer is considered to accept without reserve, the totality of the terms and conditions appearing in this contract. Ph-B Diffusion makes a commitment for its part to respect its retailer's role within the framework of these same conditions.
Article 2: Objective
The present terms and conditions of sale aim at defining the rights and duties of the parties in the context of the on-line sale of goods and services proposed by the Ph-B company to the customer.
Article 3: Contractual documents
The present contract is composed of the following contractual documents, presented in decreasing hierarchical order: the present terms and conditions of sales, the order form. In case of contradiction between terms contained in different rank documents, the terms of the upper rank document will prevail.
Article 4: Coming into force – duration
The present terms and conditions of sale become effective at the date of signature of the order form. The present terms and conditions of sale are valid during the time needed to ship the ordered goods and services, until the guarantees expire.
Article 5: Validation of the orders and electronic signature
(Law of 13 March 2000 on electronic signature)
Any order form signed by the customer by "double click" establishes an irrevocable acceptance which can be questioned only in the limits foreseen in the present general terms and conditions of sale as ‘right of withdrawal’ and ‘stock shortage’. The "double click" associated with the authentication and non-repudiation and protection of the integrity of messages is an electronic signature. This electronic signature has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail. Some orders need to be checked by our clearance department. In this case, you will be alerted by e-mail of the supporting documents that you need to send in order to obtain the definitive validation of your order. Ph-B Diffusion reserves the right to cancel the order in the case of non-receipt of the supporting documents or of the reception of documents that does not fit the requirements. Any order paid by check will be processed only on receipt of payment. The periods of availability and shipping are recalculated from the date of receipt of payment method. Ph-B Diffusion advises the customer to keep a copy of his order either on paper or on a reliable technology based document. The customer owes verify the exhaustiveness and the correspondence of the information concerning the address of delivery which he/she supplies to Ph-B Diffusion. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this matter, all fees for reshipping the order will be fully charged to the customer.
Article 7: Transaction proof
The computerized registers, preserved in the computer systems of the company Ph-B Diffusion under reasonable conditions of safety, will be considered as a record of the communications, orders and payments. Order forms and invoices preserved on a reliable and viable support can be produced as proof.
Article 8: Information on products
8-a : The Ph-B company displays on its website the characteristics of all the products to be sold, in accordance with the article L 111-1 of the French Consumption Code, which gives to the potential customer the right to know the essential characteristics of the products he/she wishes to buy.8-b: The offers presented by the company Ph-B Diffusion are valid only within the limits of available stock. Ph-B Diffusion reserves the right to modify the range of offered items particularly in compliance with constraints linked to suppliers.8-c: The proposed products comply with the French legislation and standards in force. The photographs, texts, pictures, information and characteristics reproduced and illustrating the products presented are non-contractual. Consequently, the responsibility of Ph-B Diffusion shall not be engaged in case of error or omission in one of the photographs, texts, pictures, information and characteristics of products or in case of modification of the product characteristics by the suppliers.8-d: Ph-B Diffusion will not be held responsible of the non-fulfillment of contracts due to stock shortages or product unavailability, force majeure, disruption or partial or total strikes particularly in the postal, transport and/or communications sectors, fires and floods. Ph-B Diffusion will not incur any responsibility for all consequential damages because of the present ones, trading loss, loss of profit, damage or expenses, which could occur following the purchase of products. Ph-B Diffusion accepts no liability for any loss of data or files defined in the previous paragraph.8-e : The total or partial inability to use the products, particularly due to equipment being incompatible, cannot be subject to any claims for compensation or refund, and Ph-B Diffusion will not be held responsible, the customer being the on only judge of the compatibility of the ordered products with those already in his/her possession.8-f: Hyperlinks may refer to other Websites than teescoop.fr. Ph-B Diffusion declines any responsibility in the case of those websites’ contents would not respect the rules and laws in place.
Article 9: Pricing and discounts
Prices are indicated in Euros and orders will be accepted at the prices in effect at the date of shipment. Prices shown do not include shipment costs, charged in addition and indicated before final acceptance of the purchase. Ph-B Diffusion reserves the right to charge the customer, below a defined amount of order, participation for shipping costs. This minimum amount, as well as the shipping charges, is clearly indicated on the website teescoop.fr. The price includes the VAT applicable at the date of order and any change in the legal rate of VAT will be automatically impacted on the price of the products listed on the website, at the date stipulated by the decree of application. Full payment must be made upon ordering, except for specific offers indicated on the site.9.1 The products shall be invoiced at the price applicable on the date of reception of the order. The prices applied by Ph-B Diffusion can be changed at any time. Thus, the customer may ask at any time to the commercial department of Ph-B Diffusion the price list applicable.9.2 The prices applied by Ph-B Diffusion are deemed taxes excluded for metropolitan France, packing including, shipping costs excluded.9.3 Every product shipment outside of metropolitan France by express freight will result in an extra charge of 15€ taxes excluded (for French overseas departments and territories, please ask the commercial department of Ph-B Diffusion).9.4 Discounts and rebates granted by Ph-B Diffusion on all product orders will be applicable only after full payment of the corresponding invoice, with it being clear that discounts and rebates will be granted only to customers who have not been subject to late payments or to any other payment incident within the 12 previous months. Any discount or rebate unclaimed by the customer within the 12 following months from the due date of the invoice concerned by the discount or rebate will be deemed as abandoned by the customer.
Article 10: Payment methods
To settle his/her order, the consumer has, in his/her choice, all the payment conditions aimed within the order form, i.e. : debit card and check. In the event of payment by check, the latter must be issued by a bank located in metropolitan France. Any order paid by check will be delivered to the customer only after receipt of the correctly made out check. The availability and shipping terms are recalculated from the date of receipt of payment method. The customer acknowledges that he/she has all necessary authorization to use this form of payment once the order is processed. The company Ph-B Diffusion reserves the right to suspend any order or delivery in the event of a debit card being declined by the officially accredited organizations or in the event of non-payment. The company Ph-B Diffusion reserves the right to refuse an order in the event of your not having totally or partially settled a preceding order, or one on which there is a settlement dispute pending. The company Ph-B Diffusion implemented an order check-out procedure to insure no one is using someone else's banking information without their knowledge. However, the customer acknowledges that Ph-B Diffusion shall not be held responsible for any embezzlement or deceitful use of some means of payment which would not have been discovered by the procedure of check. In the frame of this check-out procedure, the customer may be requested to communicate by email to the company Ph-B Diffusion a copy of his/her ID card as well as a proof of address. The order will be confirmed only after receipt and check-out of the sent documents by our services. In the absence of reception of these elements within 15 days following the placing of the order, the order will be considered to be automatically cancelled. Ph-B Diffusion keeps the full and whole property of products sold up to the perfect payment of the price, the principal, expenses and taxes were included. The transfer of ownership of goods bought from the company Ph-B Diffusion by the customer to a third party shall not be covered by this contract. Only the initial customer can pretend to benefit from the clauses of the present general terms and conditions of sale.
Article 11: Product delivery
Delivery periods communicated by Ph-B Diffusion to the customer are purely indicative. Consequently, in case of late delivery, the customer will not be in position to cancel the order, to refuse the delivery of the products or to claim payment of any compensation, on any grounds whatsoever. In case the exchange is not feasible, Ph-B Diffusion reserves the right to cancel the customer’s order and to reimburse the sums paid. The information on the products availability are communicated by our suppliers, the unavailability of a product shall not engage Ph-B Diffusion’s liability nor give the right to the customer to claim any compensation.
Article 12: Delivery terms
The products are delivered to the address communicated by the customer on the order form. The customer has to verify the completeness and conformity of the information he/she communicated to Ph-B Diffusion. The latter cannot be held responsible in the event of typing mistakes and of the consequences in terms of late or error of delivery. In this matter, all fees for reshipping the order will be fully charged to the customer. Delivery periods communicated by Ph-B Diffusion to the customer are purely indicative. Consequently, in case of late delivery, the customer will not be in position to cancel the order, to refuse the delivery of the products or to claim payment of any compensation, on any grounds whatsoever. In case the exchange is not feasible, Ph-B Diffusion reserves the right to cancel the customer’s order and to reimburse the sums paid. The information on the products availability are communicated by our suppliers, the unavailability of a product shall not engage Ph-B Diffusion’s liability nor give the right to the customer to claim any compensation. Even if the shipping is paid by Ph-B Diffusion, the products travel to the risks and dangers of the customer. The customer is expected to check the conformity of the products delivered and the absence of apparent defect within 2 (two) days from the date of product delivery. Without written notice to Ph-B Diffusion by registered letter with an acknowledgement of receipt in the defined period, the customer will be deemed to have definitively and irrevocably accepted the products delivered. Checking of the parcel, reservations and written claims towards the carrier must be done by the customer as soon as the parcel is delivered and in the presence of the latter. In order to pursue remedies against the carrier referred to in the article L 133-3 of the French Commercial Code, the customer must confirm his/her claims and reservations towards the carrier stated via a deed prepared out of court or via a registered letter with acknowledgement of receipt within 8 (eight) days, not including holidays, following the date of reception of the products. Any parcel reception confirmed by a ‘proof of delivery’ supplied by the carrier will not be subject to dispute. The discharge of delivered products is done by the customer’s reception services and is his/her exclusive responsibility.
Article 13: Delivery problems due to the carrier
All order irregularities (damages, item missing in comparison to the delivery form, damages packages, broken items…) must be indicated on the delivery order under “hand-written reserve” that the customer will then have to sign. In the case of a parcel being delivered by Postal services, if the parcel arrives open or damaged (particularly with a yellow tape « La Poste »), it is necessary for the customer to ask his/her postman or the post office a ‘report of spoliation’ (report 170) so that Ph-B Diffusion can open an investigation and a compensation procedure. Simultaneously, the customer will have to confirm this anomaly by sending to the carrier within 2 (two) days following the delivery date a registered letter with acknowledgement of receipt which states the said claims. The customer shall communicate a copy of this letter (with the original ‘report of spoliation’ if required) by normal post to: Ph-B Diffusion, Customer Service, Le Hameau de la Palmeraie bat. K, 934 ch. Des Ames du Purgatoire 06600 Antibes. Any claim received after the deadline shall be rejected.
Article 14: Delivery errors – Non-compliant product
14-a : The customer must forward all complaints to the company Ph-B Diffusion the same day, or at the latest the following business day after the shipping date, all shipping errors and/or non-conformity of product(s) in nature or quality with respect to our indication on the order form. Complaints made outside of this period may be dismissed without recourse to the customer.14-b : The complaint must be sent to the company Ph-B Diffusion can be made : - by logging on our web site on the link ‘contact’ where the customer may ask a question or file a complaint.14-c: Any complaint not made under the rules defined above and in the specified time limits cannot be considered and exempts the company Ph-B Diffusion from any responsibility towards the customer.14-d: On receipt of the complaint, the company Ph-B Diffusion will assign an exchange number for the product(s) concerned and will communicate it to the customer. The exchange of a product may only take place after the customer has been assigned an exchange number in accordance with the procedure described above.14-e: Any product to be exchanged or reimbursed must be returned within 8 business days following the reception of the return agreement from Ph-B Diffusion in its entirety (accessories and instructions included) and in its original packaging in Colissimo Recommandé to the following address: Ph-B Diffusion - Le Hameau de la Palmeraie bat. K, 934 ch. Des Ames du Purgatoire 06600 Antibes - France. To be accepted, any return must be beforehand indicated to the Customer service of the company Ph-B Diffusion. The communicated return number must be visible on the packing and on the printed return slip, placed inside the parcel. The shipping costs paid by the customer will be reimbursed by the company Ph-B Diffusion (with proof and in the limit of the cost of a shipment by Colissimo Recommandé), except if the returned item does not correspond to the original claim made by e-mail. Failure to comply with the above procedure and time limits will invalidate any customer claim concerning the delivery of faulty or substandard goods.
Article 15: Right of withdrawal
Ph-B Diffusion grants to the customer a period of withdrawal of 7 calendar days (article L121-20 of the French Consumer Code) to return, at his/her expenses, any product he/she is not satisfied with. This period starts on the day the order is delivered to the customer. Any return must be beforehand indicated with the Customer service of the company Ph-B Diffusion: - by logging on our website on the link "contact". A return number will then be allocated to the product. The product must be returned in Colissimo Recommandé with a recommendation or with an additional insurance guaranteeing the customer, if necessary, the compensation of products at the level of their real market value in case of despoliation or of loss of this parcel. Ph-B Diffusion advises the customer to overpack the original packing of the product; products will only be taken as a whole (accessories, cover…) in their original packaging complete and intact, and in perfect condition for resale. Any product which will have been damaged or which original packing will have been damaged will not be reimbursed or exchanged. This right of withdrawal will be exercised without any penalty except for the return shipping cost which remains at the customer’s expense. In the case of the exercise of the right of withdrawal, the customer has a choice either to seek repayment of money paid or an exchange in an amount equal to amounts paid, or as needed, through a bank complement, the shipping cost remain at the customer’s expense. In case of exercising the right of withdrawal, Ph-B Diffusion will make every effort to reimburse the consumer within 30 days. However, the refund may take up to 45 days; particularly when technical inspection is entailed by the After-Sale Service of Ph-B Diffusion (those products must be tested beforehand). The customer will then be paid-off by re-credit of his/her bank account (secure transaction) in case of payment by bank card, or by check in the other cases.
Article 16: Products’ warranty
Ph-B Diffusion disclaims all warranty for any obvious defect for which the customer failed to avail as mentioned in the article 12 (title « delivery terms ») of the present conditions. Obvious defects are guaranteed by Ph-B Diffusion for 6 months beginning on the date of delivery of the product by the carrier or when the customer picks up the good from Ph-B Diffusion premises. In order to benefit from Ph-B Diffusion warranty, it is for the customer to prove that the hidden defects result from a manufacturing deficiency and not from the normal wear of use of the product, from accidents (shocks, crushing…) or from an improper or abusive use, alteration or improper use of the product. In any event, the warranty provided by Ph-B Diffusion only covers the replacement or repair of defective parts or, if impossible for any reason, the exchange of the product for an identical product or, in case of stock shortage, similar, exempt from any remedy for any other prejudice whatsoever. The expenses and risks associated with the return of the product lies with the customer. Any product which is not covered by the official warranty period anymore will not be borne by Ph-B Diffusion. Ph-B Diffusion advises the customer to check with the Customer Service, before applying for a return under warranty, if the latter is guaranteed by the Ph-B Diffusion After-Sale Service. The company cannot be held responsible for any direct or indirect damage that result from an improper use of the products.
Article 17: Tax refund
For any product that the customer wishes to carry outside the European Union and outside the French overseas departments and territories, a retail export form delivered by our services will allow the customer to obtain, after return of the pink sheet signed by the customs, to obtain the repayment of the VAT of the product or of the order. We remind that the price calculated and indicated on the invoice will include all taxes. We advise the customer, beforehand, to learn and control that all the required conditions are gathered to benefit from a tax refund on the goods. If the customer fulfills all the conditions required by the customs, he/she should submit his/her application for a retail export form by fax to our services and shall accompany it with a double-sided copy of identification (passport, ID card, registration card of the Consulate, etc.). In the case of an order or product relocation outside metropolitan France, we remind you that you remain the importer of the concerned product(s). Any custom duty, other local taxes, import duty or state taxes likely to be payable are not Ph-B Diffusion’s liability. It entirely lies with the customer to get acquainted with local authorities and assume the expenses of the corresponding declaration towards the authorities and official organisms in the concerned country. The responsibility of Ph-B Diffusion cannot be held in case of non-compliance with the legislation in force in the country where the products are taken to by the customer. It is the customer’s responsibility to check with local authorities all regulations regarding import and usage of products he/she plans to bring, to make sure that technical specs and use respect the legislation in force in the concerned country.
Article 18: Force majeure
None of both parts will have failed in his/her contractual obligations, as far as their execution will be delayed, hindered or prevented by a coincidence or a force majeure. Will be considered as coincidence or force majeure any irresistible facts or circumstances, outside the parts, unpredictable, inevitable, independent from the will of the parts and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. The part touched by such circumstances will inform the other one about it in ten workdays according to the date in which it will have had knowledge of it. Both parts will get closer then, within one month, except impossibility due to the case of force majeure, to examine the incidence of the event and agree of conditions in which the execution of the contract will be pursued. If the case of force majeure has a duration three-month-old superior, the present general terms and conditions of sales can be cancelled by the hurt part. In an express way, are considered as cases of force majeure or coincidences, besides those usually held by the jurisprudence of the classes and the French courts: the stop of the telecommunication networks ; the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the difficulties appropriate for the external telecommunication networks to the customers.
Article 19: No partial validation
If one or several conditions of the present general terms and conditions of sale are considered not valid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their force and reach.
Article 20: No waiver
The fact for one of the parts not to take advantage of negligence by the other part in one of the obligations aimed in the present general terms and conditions of sale would not know how to be interpreted for the future as a renunciation of the obligation in cause.
Article 21: Title
In case of difficulty of interpretation between one of the titles appearing at the head of clauses, and one of the clauses, the titles will be declared non-existent.
Article 22: IT and freedom
In accordance with the Law on IT and Freedom on 6 January 1978, you have a right of access, of correction, of modification and removal of the data collected concerning you. You can exercise this right by writing to the address: Ph-B Diffusion Le Hameau de la Palmeraie bat. K, 934 ch. Des Ames du Purgatoire 06600 Antibes. The automated processing of personal data on teescoop.fr website has been registered in the National Commission for Data Protection.
Article 23: Legal notice
The website teescoop.fr is a publication of Ph-B Diffusion SAS with capital of 10,000€ registered with the Paris Trade & Companies Register under the number //-