General Conditions of Sales

General Conditions of Sales

Glossary

Acceptance:
Validation by the Customer of his order.

General Terms for Delivery:
Refers to the present General Terms for Delivery described below.

Terms for Delivery:
Refers to the General Terms for Delivery and specific conditions for delivery described on www.outofthephone.com.

General Conditions of Sale:
Refers to the General Conditions of Sale described below.

Conditions of Sale:
Refers to the General Conditions of Sale and specific conditions for sale described on www.outofthephone.com.

Customer:
Web user who places a confirmed order, for his account or for that of a company, for Products on www.outofthephone.com.

Legal Terms and Conditions of Use:
Refers to the legal terms and conditions of use for the www.outofthephone.com.

Product:
Products and/or services placed for sale on the www.outofthephone.com.

Delivery Territory:
worldwide.

 

Preamble

On www.outofthephone.com website, OUT OF THE PHONE S.A.S. sells photography books.

 

The Customer

The Customer will comply with the Conditions of Sale and Terms for Delivery of the Products as well as the Legal Terms and Conditions for Use of www.outofthephone.com, governing the contractual relations between himself (individual or legal entity) and OUT OF THE PHONE in particular, upon purchase of a Product by the Customer on www.outofthephone.com.

The Customers of www.outofthephone.com declares that they reside in France, and are able to enter into a contractual obligation under the obligations of the French law, and as the case may be, validly represent the individual or legal entity on whose behalf they do so contract.

The Customer of www.outofthephone.com declares that they possess the competence and means necessary to subscribe to and access the services proposed by OUT OF THE PHONE and to make use of same.

 

Description of Products

OUT OF THE PHONE proposes the online purchase of Products on www.outofthephone.com.
Photos of the Products on www.outofthephone.com are illustrative.
The Products offered are described in greater detail on the specific pages of www.outofthephone.com.

Rates for each Product are specified on www.outofthephone.com, as well as applicable charges for their delivery to the address chosen by the Customer. The total cost of the selected Product, including applicable taxes [and delivery charges], is described on www.outofthephone.com and, in particular, reiterated at upon confirmation of the order placed by the Customer.

 

Order Confirmation

After becoming familiar with the various products offered, their prices, Legal Terms and Conditions of Use and Terms for Delivery, the Customer may chose the Product(s) desired as well as their mode of delivery.

Upon placing his order, the Customer recognizes that he has made himself aware of the specific conditions of sale detailed on the pages of www.outofthephone.com which describe the Product (denomination, price, brand, weight, quantity, colour, size, technical specifications and usage warranties, etc.) and expressly declares acceptance of these without reserve or prejudice.

Upon order confirmation, the Customer may: – Modify his choices, – Reread, print and save the General Conditions of Use and General Conditions of Sale, – Complete Acceptance of his order by clicking on the “Confirm your order” icon.

Acceptance confirms the Customer’s total acceptance without reserve of the present Conditions of Sale and Terms for Delivery of www.outofthephone.com subject to overriding provisions confirmed in writing between OUT OF THE PHONE and the Customer.

Unless proven otherwise, the data provided by the Customer and registered by OUT OF THE PHONE will constitute proof of the contractual obligations and terms governing the relationship between OUT OF THE PHONE and the Customer.

Upon Acceptance, the Customer will receive an email order confirmation to the email address provided. This email will confirm the receipt of Customer’s order by OUT OF THE PHONE and will be billed accordingly.

In the case of an unusually large order in terms of number of books by a Customer OUT OF THE PHONE reserves the right to cancel the order and contact the Client to inform him of the matter. OUT OF THE PHONE reserves the right to confirm the Customer’s identity before delivery of the Product to the Customer.
OUT OF THE PHONE reserves the right to elect not to fulfil an order when the Customer placing it faces legal action for total or partial non-payment of an order placed previously with OUT OF THE PHONE.

 

Validity of information provided

www.outofthephone.com Customer agrees to provide true, complete and accurate information whilst filling in the necessary data on the service registration form.

Should the opposite occur, OUT OF THE PHONE denies any responsibility for non-delivery, in whole or in part, of the Products ordered by the Customer.

 

Price

Product prices are indicated in Euros without including the taxes on the pages of www.outofthephone.com. The value-added tax (VAT) rate will be indicated by www.outofthephone.com just before the validation of the order by the Customer.

OUT OF THE PHONE reserves the right to change the prices and Products offered at any time, according to the procedure described in “Modifications to the General Conditions of Sale.” In any case, Products will be invoiced as per the Product prices posted at the time of order Acceptance.

 

Payment and Billing

Payment for Products ordered can be made by Credit card (Visa or MasterCard) or Paypal.
The online payment service is secured but does not offer any supplementary insurance policy, particularly in the event of theft of the Customer’s credit card.
It is the Customer’s responsibility to verify the payment delivery form before Acceptance.
In any case, OUT OF THE PHONE cannot be held responsible for any problems or delays related to the operation of payment procedures.
Payments made online may not in any event be considered as deposits or advance payments and are therefore not reimbursable.

 

Modification of the General Conditions of Sale

OUT OF THE PHONE reserves the right to modify or complete the present General Conditions of Sale as well as the extent of the service offer to the Customer detailed on www.outofthephone.com.

These modifications will enter into effect upon their posting online on www.outofthephone.com, with the understanding that the Product price charged will in any case be that posted at the time of Acceptance.

 

Delivery Service Providers

Subject to special stipulation, and as of the day of preparation of the order, the material Products ordered will be delivered on the Delivery Territory.

Shipping charges are not included in the Product prices posted on the pages of www.outofthephone.com with Product descriptions. However, upon validation of the order, the price will include delivery charges related to delivery of the Product(s).

When the Customer places a concomitant order for several Products and these have different delivery dates, the order delivery date will be that of the latest date so that all the Products can be handled by a single delivery.

 

Confirmation of the delivery date and address for delivery

Upon direct payment confirmation for an online order, the Customer will be advised by email of the shipping and/or delivery date as well as confirmation of the address for delivery.
The previously announced delay can, in exceptional circumstances, be postponed due to stock shortages.
In the event of a delay in shipment, an email will be sent by the www.outofthephone.com to the Customer.
In accordance with legal provisions, should a delay exceed the date initially anticipated for delivery, the Customer benefits from the possibility of cancelling his order within a reasonable time period, provided the Product is returned in its original complete condition to the OUT OF THE PHONE.

 

Absence of any responsibility related to delivery, in particular in the following instances

– Return of the package due to an address error or an incomplete address. The package may be reshipped upon payment of supplementary shipping charges.
– Return of the package due to failure to retrieve the package from the delivery service provider. A new package can be shipped upon the Customer’s request, subject to payment of a new bill at the Customer’s expense.

 

Complaints

The ownership of the material Product(s) is transferred upon acceptance of delivery. It is the Customer’s responsibility to verify the package upon receipt, and to express all related reserves and complaints that seem justified to the delivery service and to indicate them on the delivery slip attached to the package. If the Product(s) delivered do not conform in kind or quality to the specifications indicated on the delivery slip, the aforementioned reserves and complaints must then be addressed to OUT OF THE PHONE by registered mail, with acknowledgement of delivery in the 48 hours following receipt of the Product(s), by joining the package concerned without exception. At the end of this period, no complaint will be considered.

In the event of the Customer’s absence when the scheduled delivery was made, the Customer must refer to the conditions for each of the delivery service providers to determine what procedures to follow to recuperate his Product, and if the delivery service does not respond, the Customer may contact OUT OF THE PHONE.

 

Right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer herein qualified as a consumer has a 7-day deadline from receipt of the material Products to exercise his right of withdrawal with regard to OUT OF THE PHONE, without having to provide any justification, nor pay any penalty.

With regard to material Products, return charges will be at the Customer’s expense.

With regard to material Products, the products must be returned in a condition allowing for them to be remarketed. By exception, the right of withdrawal cannot be exercised for personalized Products, for perishable Products, for audio or video recordings and for computer programs whose seal is broken by the Customer.

 

Validity of all the contractual clauses

Should one of the clauses of these Terms of Use and Legal Information be declared null or void, all the other provisions of this document remain valid and applicable.

 

Applicable law – Attribution of jurisdiction

The general conditions of sales of www.outofthephone.com site are governed, interpreted and applied under French law. The French version of the general conditions of sales should prevail on versions drafted in other languages.

In this document, the masculine gender designates both sexes with no discrimination intended, and is used only to facilitate reading.