General conditions of sale
This document, General Terms and Conditions of Sale, also referred to as the GTC, defines the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the Website of PHONESIDE - www.phoneside.com :
Sales can also be concluded by means of a purchase order drawn up following a quote previously proposed by PHONESIDE, hereinafter referred to as 'the Client' and on the other hand the company PHONESIDE.
ARTICLE 1 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to all orders placed on the website www.phoneside.com or through a purchase order established following the proposal of a quote by PHONESIDEThe site www.phoneside.com is published by PHONESIDE.
The Seller is defined below as being PHONESIDE, SASU registered with the Trade and Companies Register of Bobigny (R.C.SBobigny 844 759 803).
The Client is understood to be the party with whom the purchase-sale relationship is established and who is invoiced for the order. Any order placed on the Site www.phoneside.com, or through a purchase order established following the proposal of a quote by PHONESIDE presupposes that the Customer has read and understood these General Terms and Conditions of Sale and agrees to all of their contents. PHONESIDE reserves the right to adapt or modify these general terms and conditions of sale at any time. In this case, only the General Terms and Conditions of Sale in effect at the time the order is placed will apply.
ARTICLE 2 – ORDERS
2.1 Orders can be placed on the www.phoneside.com or through a purchase order issued following a quote proposal by the company PHONESIDE.
2.2 French or English are the only languages offered for the conclusion of the sales contract.
2.3 Product availability and delivery times are displayed on the website www.phoneside.com or on the purchase order drawn up following the proposal of a quote by the company PHONESIDE
2.4 Any quote offered to the customer by PHONESIDE will remain valid for one month from the date of issue.
2.5 Product characteristics are indicated on each product page. Photographs and product descriptions are not contractually binding; if these contain errors, the company shall not be held liable under any circumstances. PHONESIDE cannot be held liable. Manufacturers may change the technical specifications of the products listed on the website without prior notice. www.phoneside.com, PHONESIDE may at any time update and modify its product characteristics as well as withdraw its products from sale.
2.6 In the event a product is unavailable, PHONESIDE will contact the Customer as soon as possible. The Customer will then be informed of the product availability date. If the Customer does not wish to wait for the product to become available, or if the product is permanently unavailable and the order has already been paid for, PHONESIDE undertakes to reimburse the Customer within 30 days of the date of payment by the Customer, or, if payment has not yet taken place, to cancel the customer order.
2.8. To place an order on www.phoneside.comThe Customer follows the different order steps. These correspond to the selection of the product(s) via the page specific to each product, the correction or not of the number of products, the Customer identification by the "order" section as well as the creation of the Customer Account at the time of the order if necessary, the acceptance of the order summary, the acceptance of the General Terms and Conditions of Sale, the acceptance of the payment terms, and the finalization of the order.
2.9 Checking the box to acknowledge and accept the General Terms and Conditions of Sale, and clicking the "PAY" button, validates the order. These actions are equivalent to an "electronic signature" and a handwritten signature. They constitute irrevocable and unconditional acceptance of the order and the General Terms and Conditions of Sale by the Customer. The data recorded by the website www.phoneside.com&constitute proof of all transactions passed between PHONESIDE and its clients.
2.10 The invoice is sent to the customer by email. The invoice is included in the package. However, the customer can also receive an invoice by email if they request it through the contact section of the website. The customer is strongly advised to keep this invoice.
2.11 The order placed on www.phoneside.com The order may be automatically cancelled if payment is not received. This cancellation period is extended to 5 days for payments made by bank transfer. PHONESIDE reserves the right not to validate your order for any legitimate reason, in particular if it does not comply with these General Terms and Conditions of Sale or if several serious and consistent elements raise suspicion of fraud on your order.
2.12 The customer may cancel their order as long as it has not yet been handed over to the logistics department. Handing over to the logistics department is defined as the sending of the email confirming that the order has been shipped. Once the order has been prepared, cancellation is only possible if the customer refuses delivery of the package. For business customers, no unilateral order cancellation will be accepted without the prior agreement of [Company Name]. PHONESIDE.
2.13 The information provided by the Customer when placing the order (in particular name and delivery address) is binding upon them. Therefore, the responsibility of PHONESIDE cannot be held liable in any way if an error in placing the order causes a delay or prevents delivery.
2.14 The Customer may order a product that is not yet available for delivery; this is indicated on the product page as a "pre-order" item. The Customer then pays the sale price and will receive delivery from the date indicated on the product page. The product is reserved in the Customer's name while awaiting delivery.
ARTICLE 3 – PRICE
3.1 All prices of products and services offered for sale on the site www.phoneside.com are expressed in euros excluding VAT not applicable, art. 293B of the CGI and excluding contribution to shipping costs.
3.2 PHONESIDE reserves the right to change its prices at any time, but undertakes to apply the prices in effect at the time the order is registered, subject to product availability on that date.
3.3 The ordered products remain the property of PHONESIDE until full payment of the price. However, from the moment the order is received by the Customer or their representative, the risks associated with the delivered goods are transferred to the customer.
3.4 The delivery fee is calculated automatically for each order and is shown on your order summary before final confirmation.
3.5 PHONESIDE disclaims all responsibility for the customer's use of the products; any consequences arising from misuse or improper use of these products cannot be attributed to the company. PHONESIDE
3.6 Any model created and modeled by PHONESIDE remains the property of PHONESIDEAny copying or filing of a patent by a third party may result in legal action.
ARTICLE 4 – DELIVERY AND TRANSPORT
4.1 Delivery is made either by direct handover to the Customer or by making the order available by mail.
4.2 Delivery times correspond to those mentioned on the quote or on the website www.phoneside.com.
4.3 Delivery is made to the address that the customer indicated when placing the order.
4.4 If the stated delivery time is exceeded by more than 15 days, except in cases of force majeure, the Customer may cancel their order and receive a refund. The Customer must then send us a registered letter with acknowledgment of receipt within 15 business days from the scheduled delivery date. If the order has not yet been shipped when we receive the Customer's cancellation notice, delivery will be stopped and the Customer will be refunded any amounts debited within 15 days of receiving the cancellation notice. If the order has already been shipped, the Customer will still have the option to cancel their order by refusing the package. In this case, PHONESIDE will proceed with the refund of the products as well as the return costs within 15 days of receiving the returned package, which must be complete and in its original condition.
4.5 In the event that the order is made available to the Customer by our carriers, if the order is not claimed by the Customer, it will be returned to PHONESIDEReturn shipping costs are the responsibility of the customer. This return results in the cancellation of the contract and a refund of the amounts paid by the customer, less the return shipping costs.
4.6 PHONESIDE disclaims all responsibility in the event of a delivery delay in two main cases: the delay is linked to a case of force majeure (L114-1 Consumer Code; art 15 LCEN), the delay is attributable to the buyer (art 15 LCEN).
4.7 PHONESIDE reserves the right to choose the carrier.
ARTICLE 5 – CONFORMITY
5.1 The Customer is required to verify the conformity of the delivered goods before signing any delivery document. If any anomaly is found, the Customer must indicate their reservations, followed by their signature, directly on the delivery document. In the event of a serious anomaly (damaged or opened packaging, missing or damaged products, etc.), the Customer must refuse the package and specify the reasons for refusal on the delivery document. This verification is considered complete once the Customer, or any person authorized to receive the package on their behalf, has signed the delivery document.The Client must also confirm the reservations to PHONESIDEby registered mail with return receipt requested, within 3 business days of receiving the order. Any claim made after this period will not be accepted.
5.2 PHONESIDE undertakes to refund or exchange products that do not conform to the Customer's order. The Customer must then submit their request in writing via the contact form on the website. www.phoneside.com or by registered mail with return receipt requested to PHONESIDE within 15 days of the delivery date. This claim regarding a product's non-conformity with the order must be accompanied by the Customer's choice between a refund or an exchange. Any claim made after this period will not be accepted. Any exchange request by the Customer must comply with the procedure defined in Article 6.
5.3 In the cases referred to in this Article 5, the return of products will only be accepted for products returned complete and in their original condition (original packaging, instructions, accessories, etc.). In these same cases, the return shipping costs will be reimbursed by PHONESIDE
ARTICLE 6a – RIGHT OF WITHDRAWAL
6a.1 The Customer has a legal right of withdrawal of 7 days from the delivery of their order to return any item that does not suit them. To arrange this return, the Customer must contact customer service. PHONESIDE via the contact form or directly by telephone. The right of withdrawal only applies to items returned unopened (excluding 3D printers and 3D scanners) and in perfect condition.
6a.2 To optimize the return process, we recommend that the return be approved beforehand by our Customer Service department, which will then send a return authorization to the Customer. Authorization may be refused if the return policy is not followed. Returns will only be accepted if the product is in perfect condition, meaning in its original, unopened, and undamaged packaging. Items returned by the Customer that are opened, damaged, or in poor condition will be refused under the right of withdrawal. In such cases, the return will be processed under our "14-day money-back guarantee." The Customer is responsible for the return shipping costs. Original shipping costs are not refundable. As is standard practice, goods travel at the Customer's risk. PHONESIDE The company recommends that the Customer take out all necessary insurance to cover these risks and take all necessary precautions to protect the product. The Customer will be reimbursed by credit to their bank account within a maximum of 30 days from the date on which the right of withdrawal was exercised.
6a.3 In accordance with applicable regulations, PHONESIDE will not accept the return of consumables when they have been unsealed by the Customer.
ARTICLE 6b – '14-DAY MONEY-BACK GUARANTEE' SERVICE
6b.1 The Customer has 14 days from the delivery of their order to return any item that does not suit them under the "14-day money-back guarantee". To initiate this return, the Customer must contact customer service. PHONESIDE via the contact form or directly by phone.
6b.2. To optimize the return process, we recommend that the return be approved beforehand by our Customer Service department, which will then send a return authorization to the customer. Authorization may be refused if the terms of our "14-day money-back guarantee" are not met. Returns will only be accepted if the product is in perfect condition, meaning in its original, undamaged packaging and with all accessories. Items returned by the customer that are incomplete, damaged, or in poor condition will be refused. If the product meets the above conditions, PHONESIDE The seller may apply an unlimited discount based on the condition of the machine, the components and accessories sold with it, and the packaging following customer use. The customer is responsible for return shipping costs. Original shipping costs are non-refundable. As is standard practice, goods travel at the customer's risk. PHONESIDE The company recommends that the Customer take out all necessary insurance to cover these risks and take all necessary precautions to protect the product. The Customer will be reimbursed by credit to their bank account within a maximum of 30 days from the date on which the right of withdrawal was exercised.
6b.3 In accordance with applicable regulations, PHONESIDE will not accept the return of consumables when they have been unsealed by the Customer.
ARTICLE 7 – PAYMENT
7.1 Orders are payable in full on the day of the order for payments made by bank card (CB, Mastercard, VISA). Bank details are entered on a secure server, guaranteeing the security and confidentiality of the information provided during the transaction.
7.2 The order will not be considered accepted by PHONESIDE that when the relevant bank payment centers have given their approval and that PHONESIDE will have validated the order with regard to its risk acceptance criteria.
7.3 In order to limit fraud, PHONESIDE The company reserves the right to request proof of identity and address from the customer before accepting the sale. In this case, the order will be processed upon receipt of these documents. PHONESIDE reserves the right to cancel the order if these supporting documents are not received or if the documents received are deemed non-compliant. The information is used exclusively for internal statistical purposes, in order to improve the quality of the services offered to you. The databases are protected by the provisions of the law of July 1, 1998, transposing Directive 96/9 of March 11, 1996, on the legal protection of databases.
ARTICLE 8 – WARRANTY
8.1 Whenever a problem arises with products purchased on the site www.phoneside.comThe Client is required to contact PHONESIDE via the contact form or directly by phone.
8.2 All products for sale on the site www.phoneside.com benefit from the legal guarantee against hidden defects on the products sold and against defects in conformity of goods to the contract under the conditions provided for in articles L.211-1 of the following of the Consumer Code and against redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code.
… (the rest of article 8 unchanged)
ARTICLE 9 – INTELLECTUAL PROPERTY
All texts, images, photographs, logos and textual or graphic creations reproduced and integrated on the Site www.phoneside.com are protected under intellectual property and copyright law. In accordance with the provisions of the Intellectual Property Code, only use for private purposes is permitted. Any reproduction, in whole or in part, of this website is prohibited. www.phoneside.com is strictly prohibited.
ARTICLE 10 – LIABILITY
… (identical replacements: www.makagency.io → www.phoneside.com and MAKAGENCY → PHONESIDE)
ARTICLE 11 – CUSTOMER SERVICE
For any questions, complaints, or information requests, Customer Service is available to website visitors. www.phoneside.com via the contact form available at the address www.phoneside.com or by email to the address hello@phoneside.com
