Terms of Sales

These general terms and conditions of sale apply to any sale made by the company Phocealys, a limited liability company with a share capital of €7,000, having its registered office at 2 avenue Emile Zola, 13170 Les Pennes Mirabeau, registered with the Trade and Companies Register of Aix-en-Provence under number 810 438 366 00033. They are deemed accepted as soon as the client confirms an order, a quote, or a proforma invoice. These conditions prevail over any general terms of purchase or any other terms, unless formally and expressly agreed otherwise by us. Any waiver by us of one or more clauses of these general terms and conditions of sale shall not affect the validity of the other clauses.

Article 1 – Prices

Sales prices (in euros, €) indicated in the price lists are exclusive of tax, customs duties (if applicable), and delivery fees, which are charged in addition. VAT, where applicable, is charged at the legal rate in force. Incoterms and transport fees are stated on the order form, quote, or proforma. Phocealys reserves the right to change its sale prices at any time. Products will be invoiced at the rate in effect at the time of order confirmation.

Article 2 – Orders

Orders may be placed by phone or online with confirmation by email or in writing upon receipt of the order form, quote, or proforma. Despite our precautions, stock shortages may occur beyond our control. In such cases, the customer will be informed, and the order will be put on hold with their agreement. If no similar substitute product can be found, Phocealys will inform the customer and issue a credit note for the value of the unavailable product, with the option of an immediate refund.

The customer may modify delivery details or cancel the order before the shipping confirmation email is sent. After this point, no modifications or cancellations are possible. Once shipped, orders are non-refundable. Before this deadline, the customer may contact customer service by email: [email protected] or by phone.

Article 3 – Early paiment discount

No discount will be granted for early payment.

Article 4 - Payment Terms

Orders may be paid by debit card (CB, VISA, EUROCARD) via the Payzen payment provider or other automatic payment methods. Payment may also be made by cheque, bank transfer, or in cash. Payment must be made by the due date stated on the invoice.

Full payment is due upon validation of the order. Payment data is protected and not accessible to third parties. Order preparation begins upon acceptance of payment by the provider.

Article 5 - Late payment

In the event of late or partial payment by the due date, the buyer shall pay Phocealys a late penalty equal to the legal interest rate plus 10 percentage points. This penalty is calculated on the total amount due (incl. VAT) and accrues from the due date without any prior formal notice. Additionally, an indemnity of €40 will be automatically due to cover collection costs.

Article 6 – Disagreements

In case of a dispute, customers can submit complaints to:

Phocealys  2 avenue Emile Zola, 13170 Les Pennes Mirabeau; [email protected]; +33 (0)4 42 40 36 35. We are committed to handling all complaints with the utmost care.

Article 7 – Delivery

Unless otherwise stated on the order form, quote, or proforma, goods are shipped from Phocealys’ warehouses. Risk and related costs transfer upon departure from our warehouses. Customers may use their own carriers.

Deliveries outside the EU may incur additional charges, which are the customer’s responsibility. Delivery times provided are indicative and not guaranteed. Delays do not justify contract modification or cancellation, nor any compensation.

If the customer is responsible for the failed delivery, they will bear associated costs. Phocealys may organize transport, in which case the delivery time remains indicative. Consequently, reasonable delivery delays do not entitle the buyer to:

·         Compensation for damages;

·         Order cancellation.

For missing or damaged goods, the buyer must note reservations on the delivery slip upon receipt and notify Phocealys within 3 days.

Article 8 - Product Quality and Usage

All products are made from natural botanical varieties and may vary in color, shape, size, and texture. These natural variations are not considered defects.

Product photos are not contractual and may not accurately reflect the color, tone, or size. Screen differences may alter image rendering, for which we are not responsible.

Product weights are approximate. Stabilized plants are sensitive to environmental conditions. Usage and storage recommendations are provided. Phocealys is not liable for damage caused by improper use or exposure (e.g., moisture, sunlight, air conditioning).

Clients are fully responsible for product storage, which must be dry and heat-free. Phocealys disclaims responsibility for pest damage post-delivery.

Customers must follow usage instructions found on the Phocealys website.

Article 9 – Claims

Claims related to natural characteristics described in Article 8 are not valid. Claims about quality must be made in writing by registered letter with acknowledgment of receipt or email within 7 days of delivery and include photos showing the defect.

Packaging issues must be reported to the carrier upon delivery. Product returns require our prior approval. Phocealys may replace the product or issue a credit. Compensation cannot exceed the order value.

Phocealys will not compensate for indirect or intangible damages (e.g., loss of business, profit, or opportunities), or damages resulting from customer or third-party negligence. Clients are responsible for complying with applicable laws and regulations. Phocealys is not liable for non-compliance. Clients shall indemnify Phocealys from any claims, costs, or damages due to improper product use, negligence, or breach of these terms.

Article 10 - Termination Clause

If payment is not received within fifteen days of applying the "Late Payment" clause, the sale will be automatically terminated and Phocealys may claim damages.

Article 11 - Retention of Title

Phocealys retains ownership of goods until full payment, including all accessories. If the buyer enters bankruptcy or liquidation, Phocealys reserves the right to reclaim unpaid goods.

Article 12 - Force majeure

Phocealys shall not be liable for failure or delay in performing its obligations due to force majeure as defined by Article 1148 of the French Civil Code.

Article 13- Liability

Products comply with French law. Phocealys shall not be liable for non-compliance with laws in other countries. It is the client’s responsibility to verify import and usage regulations locally.

Article 14 - Jurisdiction

Relations between Phocealys and its clients are governed by French law. Any disputes shall fall under the jurisdiction of the Commercial Court of Aix-en-Provence unless settled amicably.

Article 15 -  Amendments to Terms and Conditions

Phocealys reserves the right to amend these terms at any time. Updated terms will be published on the website (www.phocealys.com).

Article 16 -Data Protection

Phocealys processes personal data to manage orders and ensure proper delivery. We comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) of April 27, 2016, amended by the French ordinance of November 12, 2018, Decree No. 2019-536 of May 29, 2019, and the amended French Data Protection Act of January 6, 1978.

Done in Les Pennes Mirabeau, on May 9, 2025.