General Sales Conditions

The present terms of sale are concluded on one hand by the company PHILAU Corp with a capital of 2000.00 euros whose head office is in the 18E BOULEVARD JULES JOUIN - 35470 - BAIN DE BRETAGNE, FRANCE, registered to the commercial register under the number RCS Rennes 524 105 855 and on the other hand, by any natural or legal person wishing to proceed to a purchase via the web site of PHILAU Corp called below "the buyer".

Object

The present terms of sale aim at defining the contractual relations between PHILAU Corp and the buyer. Below will be defined the conditions applicable to any purchase made by means of the retail website of PHILAU Corp, that the buyer is professional or consumer.

The acquisition of the good or the service through the present site involves an unconditional acceptance by the buyer of the present terms of sale.

These terms of sale will prevail over any other general or particular conditions not expressly approved by PHILAU Corp.

PHILAU Corp saves to be able to modify its terms of sale at any time. In this case, the applicable conditions will be the current ones at the buyer order date.

Characteristics of the proposed goods and services

Products and offered services are the ones which appear in the catalog published on the site of PHILAU Corp.

These products and services are offered while stocks last.

Every product is accompanied with a description established by the supplier; for some of them, carrying the mention DF, the buyer can have access to the documentation of the supplier.

The pictures of the catalog are the most faithful possible but cannot assure a similarity completed with the offered product, in particular as regards colors.

Tariffs

The prices appearing in the catalog are prices including tax in euro considering the applicable VAT in the day of the order; any change of the rate can be echoed on the price of products or services.

PHILAU Corp reserves the right to modify its prices at any time, being however understanding that the price appearing in the catalog the day of the order will be the only one applicable to the buyer.

The indicated prices include (or do not include) the processing fee of orders, transport and delivery as far as they take place in the geographical zones planned below.

Géographical area

The on-line sale of products and services presented in the site is reserved for the buyers who live in France, in the French overseas departments and territories, Monaco, the countries of the European Union and the Third Countries.

Orders

The buyer, who wishes to buy a product or a service owes necessarily:

– Fill the index card of identification onto which he will indicate all the wanted address and phone number or to give his customer's number if he has one of it;

– Fill the on-line order form by giving all the references of products or chosen services;

– Validate his order once having verified it;

– Make the payment in the planned conditions;

– Confirm his order and its regulation.

The confirmation of the order pulls acceptance of the present terms of sale, the gratitude to have completed it knowledge and the renunciation to take advantage of its own purchasing terms or the other conditions.

All the supplied data and registered confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the made operations.

The seller will communicate by e-mail confirmation of the registered order.

Retraction

The buyers, the not professional physical persons, benefit from a cooling-off period of fourteen days as from the delivery of their order to make return of the product for the seller for exchange or refund without penalty, with the exception of the charges of sending and of return.

Custom Made Shortystrap and/or Personalized is excluded from this profit of retraction considering the exclusive character of their product.

The PHILAU Corp company makes a commitment to pay off or to exchange to dissatisfied the individual customers (not professionals), their purchase of SHORTYSTRAP under two conditions:

- Return of the SHORTYSTRAP under 14 days, (from the date of reception)

- Return of the SHORTYSTRAP in perfect condition. Only one the PHILAU Corp company, reserves the right to accept or not the return of the product. In case of refusal, the product will have returned to the customer. These expenses of dismissal will be in the load of the aforementioned customer.

In a general way, all the postal charges will be chargeable to the customer except known fault of the company PHILAU Corp (error in the sending of the ordered size, the error in the sending of the ordered quantities)

PayPal bank charges remain at the customer’s expense and will be deducted from the amount refunded in case of return of the product.

In the case of a product return following a group order greater than or equal to 2 units allowing the free shipping costs, these shipping costs will be invoiced at the time of the refund of the returned product by deduction on the credit generated.

Payment Terms

The price is due with order.

Secure payment with Visa / MasterCard / Paypal:

- Payments can be made by bank card via the secure systems supplied by our banks. (Crédit Agricole or Crédit Mutuel de Bretagne)

- Payments can be made by PayPal via the secure systems supplied by PayPal. Fees charged by PayPal will not be refunded in the event of a refund request.

- Transfer Banking.

- Payments can be made by bank check.

- Payments can be made by LCR Without Acceptance. (Limited to professional clients)

The account of the buyer will be sold before the expedition of products or available services and that of the amount of products or sent or downloaded services.

At the request of the buyer, it will be sent to him an invoice on paper highlighting the VAT. Without particular request, this invoice will be sent by e-mail after reception of the payment.

Delivery

The deliveries are made to the address indicated in the order form which can be only in the agreed geographical zone.

The risks are chargeable to the buyer as from the moment when products left the places of PHILAU Corp. In case of damage during the transport, the motivated protest must be formulated to the carrier within three days as from the delivery.

The delivery deadlines are given only for information purposes; if these exceed thirty days as from the order, the sale contract can be cancelled and the buyer paid off.

Guarantee

All the products supplied by the seller benefit from the legal guarantee planned by articles 1641 and following ones of the Civil code.

In case of non-compliance of a sold product, he can have returned to the seller who will resume it, will exchange it or will pay it off.

All the complaints, the demands of exchange or refund have to be made by e-mail at the address contact@shortystrap.com within fourteen days after delivery.

Responsibility

The seller, in the process of on-line sale, is kept only by a best effort undertaking. His responsibility cannot be committed for a damage resulting from the use of the internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.

Intellectual Property

All the elements of the site of PHILAU Corp are and remain the intellectual and exclusive property of PHILAU Corp.

Nobody is authorized to reproduce, to exploit, to reexploit, or to use in any respect whatsoever, even partially, elements of the site that they are software, visual or sound.

Any simple link or by hypertext is strictly forbidden without an agreement written specially by PHILAU Corp.

Personal Data

According to the law concerning the computing, concerning the files and concerning the liberties of January 6th, 1978, the information with name specific character concerning the buyers can be the object of an automated treatment.

PHILAU Corp reserves the right to collect information on the buyers including by using cookies, and, if he wishes, to transmit to business partners the collected information.

The buyers can oppose the disclosure of their address and phone number by indicating it to PHILAU Corp. Also, the users have a right of access and rectification of the data concerning them, according to the law of January 6th, 1978.

The treatment was automated by information, including the management of the e-mail addresses of the users of the site was the object of a statement to the CNIL (NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES).

Archiving - Proof

PHILAU Corp will archive order forms and invoices on a reliable and long-lasting support establishing a faithful copy according to provisions of the article 1348 of the Civil code.

Registers computerized by PHILAU Corp will be considered by the parts as proof of the communications, the orders, payments and transactions intervened between the parts.

Dispute Resolution

The present on-line terms of sale are subjected to the French law.

In case of dispute, skill is attributed to the competent courts of Rennes, in spite of defendants' plurality or call in guarantee.