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Terms of Sales

General conditions of sales

These general terms and conditions of sale apply to any sale made by the company Phocealys, a limited liability company with a capital of €7000 having its registered office at the Eiffel Park, bat C, 415, rue Claude Nicolas LeDoux 13290 Aix en Provence, registered in the register of Commerce and companies of Aix en Provence under number 810 438 366 00025. They are considered accepted upon validation by the customer of an order, a quotation or a proforma. These conditions prevail over all general conditions of purchase (GCP) or any other conditions, except in the formal and express derogation from us. The possible waiver of our part, to one or more clauses in the general terms of sale, does not affect the validity of the other clauses.

Article 1-Price

The sales prices (in euros, €) of the products listed in the price lists are duty-free, excluding customs charges and formalities if necessary and excluding delivery and recovery costs which are invoiced in addition to VAT is invoiced, if applicable, at the legal rate in force. The Incoterms, as well as the transport costs, are stipulated on the order form, the quotation or the proforma. Phocealys reserves the right to change its sales prices at any time. The products will be invoiced on the basis of the tariff in force at the time of the order registration.

Article 2-ordering

Orders can be placed by phone or via Internet with confirmation by email or in writing upon receipt of the order form, quotation or proforma. Despite our precautions and regardless of our willingness to unforeseen stock failures can happen. In this case, the customer will be informed and the orders will be immediately put on hold with his agreement. You have the option to change the shipping information or cancel your order until we send the confirmation email of your order. After this period, any modification or cancellation of the order by the purchaser will be impossible. In no case will the order be refunded if the delivery is effective. Before this deadline, you only have to make your request to our customer service by email: olivier@phocealys.com

Article 3-discount

No discount will be granted in case of prepayment.

Article 4-terms of payment

The payment of orders is made either by cheque; or by bank transfer; or by species. The payment must be made on the due date indicated on the invoice.

Article 5-late payment

In the event of a defect in total or partial payment of the goods delivered on the date indicated on the invoice, the purchaser must pay the company Phocealys a penalty of delay equal to the legal interest rate plus 10 points. The rate of the legal interest retained is that prevailing on the day of delivery of the goods. This penalty is calculated on the tax amount of the remaining amount due,  and runs from the due date without any prior formal notice being required. In addition to the late payment, any amount, including the deposit, not paid on its due date will, by right, produce a lump sum indemnity of EUR 40, 00 payable on collection costs.

 Article 6-litigation

In case of dispute, the customer can make his claims with customer service: customer service Phocealys Eiffel Park, bat C, 415, rue Claude Nicolas LeDoux 13290 Aix en Provence olivier@phocealys.com we are committed to dealing with the largest attention to any claim.

Article 7-delivery

Unless otherwise stated on the order form, the quotation or the proforma, the delivery of the goods sold is carried out from the warehouses of Phocealys. The transfer of risks and costs relating to goods sold outside our warehouses. The customer can choose to take his carrier. Phocealys can organise the transport of goods. In this case, the delivery time indicated during the registration of the order is given for illustrative purposes only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the buyer's benefit to:

-        the allocation of damages;

-        cancellation of the order.

In the case of goods missing or damaged during transport, the purchaser must make all the necessary reservations on the delivery order upon receipt of the goods. These reserves must also be confirmed to Phocealys as soon as possible (maximum 3 days).

Article 8-quality of products

The entire product range is derived from natural botanical varieties. Like all natural products, Phocealys products can have a certain variability of color, shape, size and texture. These natural irregularities are in no way accepted as manufacturing defects. The mass of the products is indicated in an approximate way and may be subject to variation according to the storage conditions. Phocealys stabilised products are sensitive to the climatic conditions of the place in which they are used or stored. In this regard, we are committed to providing all our customers with the recommendations regarding the conditions of use and storage of these products. Phocealys is not responsible for damage to the goods due to misuse or poor storage.

Article 9-claims

Claims relating to the characteristics described in article 8 may not be presented as defects. On the other hand, claims related to the quality of the products must be notified accurately by registered letter with AR or by e-mail within 2 days after receipt of the goods. Any claim concerning the quality of the packaging must be mentioned beforehand to the carrier when the goods are received. The return of the goods must be done with our agreement. Phocealys will decide on the free replacement or the establishment of a credit memo. In no event shall there be any damages or interests in excess of the amount of the order.

Article 10-Resolutive clause

If within 15 days after the implementation of the clause :  "late payment ", the purchaser has not paid the outstanding sums, the sale will be resolved as of right and may open the right to the allocation of damages for the benefit of the company  Phocealys.

 Article 11-retention of title clause

The company Phocealys retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the purchaser is subject to a remedy or liquidation, the company Phocealys reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.

Article 12-force majeure

The liability of the company Phocealys will not be implemented if the failure to execute or delay in the execution of one of its obligations described in these general conditions of sale arises from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible within the meaning of article 1148 of the civil code.

Article 13-responsibilities

The products offered by Phocealys are conform to French legislation. The liability of the company Phocealys cannot be committed in case of non-compliance with the legislation of another country. It is up to the customer to check with the local authorities for the possibilities of importing or using the products he intends to order.

Article 14-competent court

The relations between the company Phocealys and its clients are governed by French law. Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of amicable resolution, the dispute will be brought before the commercial court of Aix en Provence.

Article 15-amendments to the General conditions

Phocealys reserves the right to adapt or modify at any time the present general conditions. The new conditions will appear on the website (www.phocealys.com).