General Terms and Conditions of Sale
P.H.A is a simplified joint-stock company with a capital of €37,999.95, registered in the Avignon Trade and Companies Register under number 313 029 928, with its registered office at ZA Des Piboules Les Taillades, 84300 – France. P.H.A is an e-commerce site offering pumping products adapted to industrial environments for sale to professional buyers. The sale of Products by P.H.A is subject to these general terms and conditions of sale. Placing an Order implies full and unreserved adherence to these general terms and conditions of sale.
1. Preamble
These GTC apply automatically to any Order. Placing an Order implies full and unreserved acceptance of these GTC by the Client. These GTC constitute the sole basis of the commercial negotiation, pursuant to Article L. 441-1 of the French Commercial Code, between P.H.A and the Client. They prevail over any other conditions or documents issued by P.H.A, whether exchanged between the Parties or not. Any specific condition that derogates from or adds to the GTC must be previously accepted in writing by P.H.A. The Client acknowledges not relying on any statements or promises made by P.H.A that are not stipulated in the GTC. P.H.A reserves the right to modify and update the GTC. Any order will be subject to the GTC in effect at the time of the Order. If any provision of these GTC becomes invalid due to a change in legislation, regulation, or by court decision, this shall not affect the validity and enforceability of the other provisions of the GTC.
2. Definitions
« Client »: Refers to any legal or natural person acting professionally, who places an Order for the purchase of P.H.A Products on the Site.
« User »: Refers to the internet user browsing the Site.
« P.H.A »: Refers to the company P.H.A.
« Order »: Refers to the order of P.H.A Products by the Client on the Site.
« GTC »: Refers to these general terms and conditions of sale. They are freely accessible on the Site and must be read and accepted by the Client.
« Products »: Refers to the products listed online and available for purchase on the Site.
« Site »: Refers to the P.H.A website.
3. Use of the Site and Registration
Placing an Order requires prior mandatory registration. Registration is done via a form where the User must provide: company name, trade name if applicable, SIREN number, APE code, intra-community VAT number, registered office address, email address, and contact phone number.
This information is necessary for processing orders, issuing invoices, and generally for the proper execution of these GTC. P.H.A reserves the right to verify its accuracy.
To access their client account, the User enters their "Username," corresponding to their email address, and their "Password."
Identifiers and passwords are strictly personal and confidential. They must not be shared or disclosed to third parties under any circumstances. The User and Client are solely responsible for using these identification elements and any actions and/or statements made through their personal account on the Site. They indemnify P.H.A against any claims related to such usage.
In case of password loss or forgetting, the User or Client can click on a link specifically provided for this purpose: "Forgot Password." They must then enter their email address to receive a link allowing them to generate a new password.
The Client bears sole responsibility for using the Site. P.H.A cannot be held liable, notably for computer viruses, failures, data loss, or errors observed during or after placing one or more Orders.
The Site is available 24/7. However, P.H.A cannot be held liable for events that may impede continuous access to the Site and reserves the right to make the Site unavailable if necessary, notably for maintenance or technical malfunctions.
P.H.A cannot be held responsible for indirect damages related to the placement of one or more Product Orders.
Here is the translation of the provided section into English:
4. Orders
When the Client wishes to finalize their order, if they are not already logged in, they must log in to their client account. The Client must then complete the required fields to identify themselves by entering their username and password provided during registration.
The Client selects the Products they wish to purchase. The price of the Products is indicated for each available Product. By clicking on "View Cart," the Client receives an order summary, which includes details such as the price of the Products, their quantity, and their unit cost excluding tax. The Client may modify their order and correct any mistakes at any time. The Client can then click on the "ORDER" button if the order summary is satisfactory.
The Client clicks on the "ORDER" button, confirms their delivery address, and clicks "Next."
The Client then selects their payment method and pays the total amount of their order. If the Client has specific payment terms, these will apply.
Payment is made exclusively in Euros, and the final amount is displayed inclusive of tax (TTC) and excluding tax (HT). A unique order number will be assigned to the Client by P.H.A once the order is properly validated, and payment is completed.
The order is then recorded. Upon receipt of payment for the order, P.H.A will send an order confirmation to the Client via email.
The order cannot be modified after payment confirmation has been received from the Client.
Orders are retained by the Client and P.H.A in compliance with applicable laws and regulations.
5. Product Prices and Availability
Unless otherwise specified, sales prices are indicated in Euros, excluding tax (HT) and including tax (TTC).
The applicable prices are those indicated at the time the order is placed and reiterated in the order confirmation.
The quantities of each Product are specified. Furthermore, Products are offered for sale as long as they are visible on the Site without any indication of being out of stock. Offers are valid only while stocks last.
6. Delivery
Products are delivered by P.H.A to the Client under the conditions and within the timelines defined by P.H.A in the order confirmation. Delivery times are indicative, and no delays, regardless of their duration or nature, can result in compensation or a refusal by the Client to accept the order.
Any applicable delivery fees for the order will be indicated before the Client confirms the order.
7. Receipt
All claims regarding the carrier must be made in writing by the Client upon receipt of the Products after immediate inspection. A copy of this written claim must be sent to P.H.A.
The Client must inspect the Products immediately upon receipt. In the event of non-compliance, they must make specific and exhaustive reservations in writing on the delivery document, which must be confirmed within three (3) business days by registered mail with acknowledgment of receipt addressed to the carrier, with a copy sent to P.H.A. The Client must provide all proof of the defects identified. The Client must allow P.H.A to verify the defects and propose a solution, refraining from making changes themselves or involving a third party.
8. Risk Transfer
The risks are transferred to the Client as soon as the Products are handed over to the carrier.
9. Withdrawal
Non-professional Clients have a fourteen (14)-day period from the receipt of the Product to exercise their right of withdrawal from P.H.A, provided that the Products are returned at the Client's expense in their original packaging and in perfect condition within 14 days of notifying P.H.A of their decision to withdraw. Products must be returned in their original and complete condition (packaging, accessories, instructions...) to allow resale in a new state, accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted by P.H.A.
The right of withdrawal must be exercised using the withdrawal form available at the end of these Terms and Conditions.
10. Warranty and Liability
P.H.A's Products are guaranteed against manufacturing defects for a period of twelve (12) months after commissioning and no later than eighteen (18) months after delivery. Parts subject to normal wear and tear (membranes, valves, seals...) are not covered by this warranty. Unless otherwise agreed in a specific specification approved by P.H.A, the factory paints of its suppliers are not guaranteed. The warranty is limited to the replacement, at P.H.A's facility, of defective parts that must be returned freight prepaid and packaged. The replacement of defective parts does not extend the warranty period or entitle the Client to any penalties or compensation for labor costs, damages, or loss of business.
The warranty is excluded for any issues originating from incorrect installation, failure to follow P.H.A's installation instructions, standard practices, improper use, or poor maintenance of the Products by the Client. The warranty can only be invoked if the Client's obligations, including payment terms, are fully met.
P.H.A's liability can only be engaged in the event of proven fault or negligence and is limited to direct damages, excluding indirect damages of any kind.
To enforce their rights, the Client must notify P.H.A in writing of the defects within a maximum of five (5) days from their discovery, under penalty of forfeiting any related claims.
P.H.A will rectify or have rectified, at its sole expense, the services deemed defective in a manner agreed upon with the Client. In any case, if P.H.A's liability is established, the warranty will be limited to the pre-tax amount paid by the Client for the provision of the Services.
11. Return of Equipment
Under Directive 2012/19/EU of July 4, 2012, Article R543-195 of the French Environmental Code, and Article R543-181 of the French Environmental Code, and for environmental protection purposes, end-of-life electrical equipment must be collected by the Client using their chosen system. If the Client does not have a collection system, P.H.A can collect the equipment for processing after the Client accepts the quotation for the return of equipment. In any case, the party responsible for waste collection commits to comply with the applicable regulations in this regard.
12. Intellectual Property
P.H.A is the sole owner and/or rights holder of the content and applications of the Site, including but not limited to logos, registered trademarks, texts, photographs, images, designs, and models. Any use and/or order under these Terms and Conditions of Sale shall not be construed as including any transfer or license of P.H.A's intellectual property rights related to the Site.
The Client acknowledges that all information and commercial or other documentation of any kind that P.H.A may provide for the purpose of fulfilling an Order is and remains the exclusive property of P.H.A.
Consequently, outside the scope of these Terms and Conditions of Sale, any total or partial reproduction or representation of the Site and its content, as well as visuals of the Products or the Products themselves made available to the Client, in any form, is prohibited without prior written consent from P.H.A.
All third-party content present on the Site is protected by law, and any reproduction or representation must be authorized in advance by the rights holder of this content.
13. Client Data Confidentiality
P.H.A pays particular attention to the management of data collected and processed during the Client's Order placement. The Client acknowledges that the data collected is necessary for managing the customer relationship, processing orders, and generally fulfilling these Terms and Conditions of Sale. Both Parties, acting professionally within the framework of these Terms and Conditions, commit to complying with the applicable regulations, notably Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR).
Any User or Client has the right to object, access, and rectify all information concerning them collected by P.H.A. They may at any time request that such information be corrected, supplemented, clarified, updated, or deleted by contacting P.H.A:
- By email at the following address: contact@pha.fr
- By mail at the following address: 14 Za Les Piboules, Les Taillades, 84300
Any Client who has registered on the Site may unsubscribe at any time via email or mail, providing their Client number and the subject of their request.
14. Duration
These Terms and Conditions of Sale come into force as soon as the User registers on the Site and remain in effect indefinitely. P.H.A may terminate them in case of improper use by the Client, fraud in payment methods, attempted fraud, or any other offense.
The User or Client may terminate them by unsubscribing in compliance with the provisions of these Terms and Conditions.
15. Force Majeure and Unforeseen Circumstances
Neither Party shall be liable for any failure to fulfill its obligations under these Terms and Conditions due to a force majeure event as defined by French law and case law. Force majeure refers to any situation that is unforeseeable at the time of the agreement, unavoidable in its execution, including but not limited to: national strikes; riots; fire or explosion; exceptional weather conditions; earthquakes; civil war; riots; major health crises; and particularly serious acts of terrorism.
The Parties, acting professionally, expressly exclude judicial intervention under Article 1195 of the French Civil Code.
16. Governing Law and Jurisdiction
These Terms and Conditions of Sale are governed by French law.
Any dispute relating to the formation, execution, or termination of the commercial relations between P.H.A and the Client, which cannot be resolved amicably, shall fall under the exclusive jurisdiction of the Commercial Court of Avignon, notwithstanding multiple defendants or third-party claims, including for emergency or conservatory proceedings by injunction or petition.