General Terms of Sale
The general terms of sale define the rights and obligations of the parties in the context of sales made by PhilGoods Consumer Good Distributor of the products offered on its website.https://phil-goods.odoo.com
Orders for products presented on the Phil Goods online store are subject to the customer's acceptance of all of the terms set forth herein.
PhilGoods Consumer Good Distributor reserves the right to modify these general terms of sale at any time.
ARTICLE 1 - ACCEPTANCE AND SCOPE:
The customer declares that they have read and accepted without any reservation the general terms of sale, as well as the specific conditions of their order, applicable to the sales contract.
The customer's acceptance of these terms is evidenced by their electronic signature, which is realized by checking the box "acceptance of the general terms of sale" or "validation click," as well as by providing their bank details for the payment of their order. This electronic signature has the same value as a handwritten signature between the parties.
These general terms of sale apply to all product sales by our company made on the site https://phil-goods.odoo.com.
Any document other than these general terms of sale, including catalogs, brochures, advertisements, and notices, is for informational and indicative purposes only and is not contractual.
ARTICLE 2 - PRODUCT CHARACTERISTICS, PRICES, ORDERS:
2.1 - Products
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing their order, review on the site https://phil-goods.odoo.comthe essential characteristics of the product(s) they wish to order.
The customer makes their choices with full awareness and under their sole responsibility. The customer is the sole judge of the compatibility of the ordered products. It is their responsibility to seek advice if they deem it necessary by contacting PhilGoods.
The customer selects one or more products from the various categories offered on the website https://phil-goods.odoo.com
In the event of a product being unavailable, PhilGoods commits to notifying the customer by email to inform them of the product's unavailability. PhilGoods reserves the right to offer an equivalent or substitute product or to cancel the missing item and proceed with its refund.
2.2 - Alcohol
Excessive alcohol consumption is dangerous to health, consume in moderation.
In accordance with Article L. 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18), the customer agrees by validating their order that they are at least eighteen years old on the date of the order.
2.3 - Prices
The prices displayed on the PhilGoods website, indicated in Euros, are those in effect at the time the order form is recorded by the customer. Shipping is not included in the price indicated on the product sheet.
The total price indicated in the summary of your order is the final price. This price includes the total order price with the details of each product and shipping costs.
All prices are indicated including VAT (Value Added Tax).
The selling prices of the products may be modified by PhilGoods at any time. This modification will be communicated to the Buyer before any order.
2.4 - Orders
The customer's order will be fulfilled within the limits of available stock or subject to pending delivery orders from its suppliers.
The registration of an order on the website's storehttps://phil-goods.odoo.comand its validation by the customer occurs when the customer clicks on the payment method selection on the "Pay my order" page.
The customer's order must be confirmed by PhilGoods via email.
Orders transmitted and confirmed to our company are firm and final, and irrevocable for the customer, unless accepted by us.
ARTICLE 3 - GEOGRAPHICAL AREA:
Order shipments made from the e-commerce site are possible in mainland France.
For exceptional deliveries in the European Union and overseas territories, the customer must contact PhilGoods, which will accept or decline the shipment.
ARTICLE 4 - PAYMENT METHODS:
Online payment is made at the time of the customer's order. All orders are payable in euros.
Pinoy Services Filipino-Asian store reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any amount due by the customer or in case of a payment incident.
To pay for their order, the customer has the following payment method:
The payment security method "3D Secure" is implemented on the site and is systematically used for all online purchases.
ARTICLE 5- DELIVERY METHODS:
- 5.1- General conditions
Shipments are made from Monday to Saturday, excluding periods of establishment closures.
The delivery time will be clearly indicated to the customer upon completion of the sale in the order confirmation email. Shipment will only be triggered once full payment for the goods and shipping costs has been received.
Shipments will take place within a maximum of 3 days after receipt of the order, except in cases of force majeure, public holidays, or establishment closures.
Products will be delivered to the address provided by the customer when placing the order, within metropolitan France or the European Union (under certain conditions).
In case of an error in the recipient's contact details, PhilGoods cannot be held responsible for the inability to deliver. In this case, as well as in the event of order cancellation by the customer after shipment, shipping costs will not be refunded to the customer by PhilGoods.
By default, invoices are sent at the time of shipment to the email address provided by the customer during registration.
The data recorded by the PhilGoods computer system constitutes proof of all transactions made between PhilGoods and its customers.
- 5.2- Delivery methods
Delivery is made by UPS pickup point with no signature required for packages under 5kg, and with signature required for packages exceeding 5kg.
Any potential delivery delay does not entitle the customer to damages from PhilGoods.
PhilGoods is relieved of its obligation to deliver in cases of force majeure such as war, riots, fire, strikes, accidents, natural disasters, and inability to supply from a supplier.
The risks and responsibility for the condition of the goods are transferred to the recipient upon delivery of the package to UPS.
PhilGoods asks its customers to check the package upon delivery. In case of missing items or damage to the package and goods, or any doubt regarding the condition or content of the package, the customer is required to refuse the goods by immediately reporting the anomaly to the delivery person and to notify PhilGoods of these incidents by email: jingdumlao@philgoods.fr.
If the customer's repeated absence during delivery results in the return of products to PhilGoods, the return shipping costs and additional fees will be the responsibility of the customer.
Any potential exceeding of the delivery time will not give rise to damages, withholding, or cancellation of the order by the Buyer.
- 5.3- Delivery Charges
Delivery charges will be applied based on the distribution area and according to the current costs applied by UPS.
These costs will be borne by the buyer unless a special offer is made by PhilGoods.
ARTICLE 6- RIGHT OF WITHDRAWAL:
For all products except fresh products (perishable goods), and in accordance with Article L. 121-20 of the Consumer Code, the customer has a period of 14 clear days from the date of receipt to return the ordered products at their own expense for a refund. However, no
returns or exchanges will be accepted for opened or partially used products.
The customer must exercise their right of withdrawal only in writing to the following address:jingdumlao@philgoods.fr
We then commit to promptly provide them with an acknowledgment of receipt of the withdrawal on a durable medium. Once the intention to withdraw is expressed, the customer has a period of 14 days to send us the returned products. The return shipping costs will then be their responsibility.
From the day we receive the withdrawal form or request, we commit to refunding the customer within a maximum period of 14 days; with the possibility of delaying this refund until the actual receipt of the products, as permitted by consumer law.
This refund will apply to the total amount paid by the buyer at the time of payment for their order, including delivery charges.
The payment method used for the refund will be the same as that used by the customer at the time of the initial payment for their order. However, we may need to consult the customer to offer a different payment method for the refund.
The customer remains free to accept or decline.
Products must be returned to PhilGoods in perfect resale condition, in their original state (packaging, accessories, instructions...), duly sealed, and accompanied by the customer's name and surname, their address, as well as the date and order number (delivery note signed and accompanied by the handwritten mention "return slip"). We will not consider any incomplete requests.
ARTICLE 7- RESPONSIBILITIES:
The liability of PhilGoods is systematically limited to the value of the product in question, value at the date of sale, and there is no possibility of recourse against other members of the PhilGoods establishment.
PhilGoods will not be responsible for the content of the information provided on the sites pointed to by any hyperlinks from PhilGoods. Regarding food, the consumption dates indicated on the products sold must be respected by the customer.
PhilGoods cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, that may result from improper functioning, misuse of the marketed products, or non-compliance with the information provided by the labels regarding the possible presence of traces of allergenic products (for example, nuts, milk, gluten, sulfites) in the composition of the products.
The liability of PhilGoods will, in any case, be limited to the amount of the order and cannot be called into question for simple errors or omissions that may have persisted despite all precautions taken in the presentation of the products.
ARTICLE 8- LEGAL WARRANTIES:
According to the provisions of the civil code (article 1641) and, where applicable, the consumer code (article L211-4 and following, see excerpts below), the customer benefits from legal guarantees, which the company PhilGoods commits to respect.
The seller is required to deliver a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly or installation instructions, when these have been placed under their responsibility by the contract.
To be in conformity with the contract, the good must (consumer code article L211-5):
- Be suitable for the usual expected use of a similar good and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model:
- Exhibit the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.
- Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by them. The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good (consumer code article L211-12).
The seller is liable for the warranty regarding hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of them (civil code article 1641).
The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.
The customer must notify UPS and PhilGoods of any reservations regarding the delivered product (damaged package, already opened) on the day following the receipt of the product. In the case of a technical product, the customer should particularly ensure the proper functioning of the delivered device and read the user manual provided.
In the case of apparent defects, the customer has the right to return under the conditions set forth in this document.
ARTICLE 9 - APPLICABLE LAW:
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed and interpreted in accordance with the laws in force at 22 avenue nationale, Saint-Vincent-de-Tyrosse, B, 40230, France.
Any dispute relating to the interpretation, execution, or termination of the contract concluded between PhilGoods and the customer, even in the case of multiple defendants, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the courts of Dax.
ARTICLE 10 - DATA PROTECTION:
The information collected by PhilGoods during any customer order is necessary for the management of the order by PhilGoods and its business partners. In accordance with the “Data Protection” law no. 78-17 of January 6, 1978, the customer has the right to access, rectify, oppose, and delete data concerning them with PhilGoods.
Through the company PhilGoods, the customer may receive commercial proposals from other organizations or companies, or be informed of offers from PhilGoods. If the customer wishes to receive these proposals, they can inform PhilGoods by mail or email in the 'contact' section.
PhilGoods reserves the right to place cookies on the computers of visitors to its website. A cookie does not allow us to identify the customer. In general, it records information related to the customer's browsing onhttps://phil-goods.odoo.com (the pages viewed, the date and time of the visit, etc.) that PhilGoods will be able to read during the customer's subsequent visits. In this case, it contains the information that the customer has just provided. Thus, they will not need to fill out the registration form again during their next visit.
ARTICLE 11- CONTACT DETAILS:
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us atjingdumlao@philgoods.fr