Termes and Conditions
Welcome to www.Hyper-Phoenix.com, the official website online store of percussion and air compression products managed by PHOENIX SARL, a Swiss company having its registered office at Phoenix, Quai de l'Ile 13, 1204 Genève, Switzerland.
Acceptance of the general terms and conditions
Acceptance of the general terms and conditions.
Amendments to the GTCs.
Phoenix reserves the right, at its sole discretion, to modify or change its T&Cs at any time. It is up to you to consult them regularly to keep you informed of any changes. By using the Site, you acknowledge that the mere fact of publishing revised T&Cs on the Site is sufficient to make any modification or revision binding on you. Your continued access and use of the Site following any changes will signify your acceptance of those changes.
Use and services of the site
Creation of your account.
You can create an Account on the Site by logging in with your email address and creating a password, and entering your first and last name. Once your Account is created, you will be able to indicate your first name, last name, delivery address, home address and other details such as payment methods, company name, telephone number; you will also be able to access your order history. By accessing your Account, you ensure that (i) your delivery address is saved for future order(s), (ii) you can access your order history, (iii) you can track your new orders, (iv) you can save your items in your wish list. The creation of an Account is optional and is not required to purchase products.
Closing the account.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Phoenix has reasonable grounds to suspect that you have provided any information, or if Phoenix otherwise has reason to believe that you have failed to comply with any provision of these TOS, Phoenix reserves the right to suspend or terminate your User Account and refuse any and all current or future use of the Site (or any portion thereof), without providing any reason for its decision.
In addition to creating an account, you can, if you wish, subscribe to the newsletter in order to be informed of new products or events, by entering your e-mail address in the space provided (under "Newsletter"), ticking the corresponding box and pressing the "Subscribe" button. You can unsubscribe from the newsletter at any time, by contacting us by e-mail: email@example.com.
You agree to keep your email address and password confidential. You acknowledge that you are entirely responsible for all use of your Account, including any use by a third party, whether or not authorized by you. You will be entirely responsible for any loss and/or damage that may result from such use. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security.
The creation of a user account or the order of products on the Site is reserved for a public aged at least 18 years old or major in your country of residence.
The content of the Site is offered to you as is and may not be used, reproduced, distributed, transmitted, broadcast, represented, sold, assigned or otherwise exploited for any purpose other than for consultation and use on the Site. For this sole and exclusive purpose, Phoenix grants you limited, revocable, and non-exclusive permission to access and use the Site for private use in accordance with these Terms and Conditions. Any portion of the Content may be out of date at any time and Phoenix is under no obligation to update such Content.
You agree not to violate any law or use the Site for any unlawful purpose, not to include any false, incomplete or inaccurate information, not to introduce any viruses, Trojan horses, worms, time bombs or any other programs designed to damage, detrimentally affect, intercept or interfere with any system, data or personal information.
Exclusion of warranties and liabilities
Third party links and services.
The Site may contain links to third party platforms operated by other content providers. Phoenix disclaims all warranties and responsibilities regarding the content or accuracy of the information and content on these third party platforms.
All information and content published on the Site is provided for information purposes, for your personal use only and not for commercial use. It may be modified at any time and without notice. You use this Site at your own risk. Phoenix assumes no responsibility (express or implied) for the accuracy, completeness and timeliness of the information published on the Site.
Exclusions of liability.
To the extent permitted by applicable law, our liability is expressly excluded with respect to these Terms and Conditions and your use of the Site, regardless of the grounds for your actions, claims or legal or administrative proceedings, including for any direct or indirect consequential loss, damage or liability, in particular for loss, damage or destruction of data. The exclusion of liability under this section also applies to Phoenix's directors, employees and contractors. In addition, we accept no liability for manipulation of your computer system by unauthorized persons. We draw your attention to the risk of viruses and the possibility of targeted hacker attacks. In order to prevent viruses, we recommend using the latest browser version and installing regularly updated anti-virus software. You should avoid opening e-mails of unknown origin or unexpected e-mail attachments.
General terms and conditions of sale
Presentation of the products.
The products made available on the Site are described and presented as accurately as possible by Phoenix, in particular according to the indications provided by the suppliers of the products concerned, without prejudice to Article 3.2 below. If, despite all Phoenix's precautions, errors should occur in these descriptions and presentations, Phoenix will make every effort to correct them to the best of its ability.
Choice of product.
Once you have chosen the desired product, it will appear in your online shopping cart. The photographs of the products are not necessarily identical to the final product. We cannot be held responsible for the quality of the products beyond their description on the Site.
Quantities of products sold may be limited. In addition, we may limit the sale of certain products to certain geographical areas, and the presence of a product on the Site does not guarantee its availability in your place of residence.
The Site sells products with prices set in USD, including taxes and standard shipping costs. The customer has the choice to see the price indicated in other currencies: EUR, CHF, GBP, AUD, CAD, NZD. The price in these currencies is given only as an indication. The final settlement is always in USD. Phoenix reserves the right to immediately reflect any change in the applicable VAT rate on the prices displayed on the Site. The prices displayed on the Site are subject to change at any time without notice from Phoenix, without any liability on its part. However, such price changes will not affect orders already placed and confirmed at the time of the price change decision.
Contract of sale.
Any order that you place through the Site shall be deemed an offer to enter into a contract of sale between Phoenix and you in accordance with these Terms and Conditions. The contract of sale and purchase is concluded and effective only when you have cumulatively (i) entered your name, delivery address, e-mail address and phone number (ii) checked the order form in the Shopping Cart, (iii) checked the box "Yes, I have read and accept the General Terms and Conditions" (iv) entered your bank details if you pay by credit card, (v) clicked the "Complete Purchase" button and (vi) that we have sent you an e-mail confirmation of receipt of payment if you paid by credit card and of the shipment of the product. If you do not receive a confirmation e-mail within a reasonable period of time, please contact us by e-mail at firstname.lastname@example.org. Before making this confirmation, Phoenix is free to reduce the quantity of products ordered, or to accept the offer for certain products only, or to simply refuse to enter into the contract. Any changes made to the order will be reflected in the confirmation e-mail, which constitutes acceptance of the offer.
Terms of payment.
You can pay with all major credit cards (Visa, Mastercard, American Express). We reserve the right to change the list of available payments at any time and without prior notice.
Phoenix delivers its products to all countries around the world. The dispatch of ordered and available products is carried out by post. Delivery costs are indicated and invoiced separately for each order. You understand and accept that Phoenix cannot be held responsible for any damage resulting from the delivery such as theft, loss, delay or other problems resulting from the shipment of the order.
Except in exceptional cases, the withdrawal period available to you is 14 days and begins to run from the date of receipt of the product. This right is exercised by returning the product without you being obliged to justify the reasons, against exchange or refund.
The right of withdrawal does not apply to products consisting of perishable goods (e.g. flowers, food, magazines, etc.), goods for intimate or sanitary use (e.g. masks, sanitary towels, etc.), dangerous or flammable products, gift cards, downloadable software, discounted products, as well as any other product identified on the Site as non-exchangeable and/or non-refundable.
Methods of withdrawal.
If you want to withdraw from your purchase within the time limit, you must first send an email to email@example.com in which you express your intention to withdraw from your purchase, specifying your first name, surname, delivery address, home address, order number, receipt or other proof of purchase. Phoenix will respond within a maximum of 48 hours by assigning a ticket number / tracking, with instructions for return. If your request is approved, the products must be returned intact and complete in their original packaging (with the labels with their references), and must not have been used. The shipping costs for the return as well as any possible customs clearance, storage and processing of the file, are entirely at your expense. product returns should be sent to Phoenix, Quai de l'Ile 13, 1204 Genève, Switzerland. Upon receipt, the returned product will be inspected and you will be informed of its receipt by email, as well as the result of the inspection.
To have the Phoenix device or a part repaired or replaced under warranty, it must be returned with freight prepaid and insured to Phoenix. This warranty does not apply to damage that Phoenix determines to be from repairs made or attempted by anyone other than Phoenix authorized personnel, misuse, alterations, abuse, normal wear and tear, lack of maintenance, or accidents. For any warranty issues, you can send an email at firstname.lastname@example.org explaining your problem. Phoenix will answer you within a maximum of 48 hours, assigning a ticket number/tracking number if necessary. Phoenix does not authorize anyone, including, but not limited to, retailers, remote purchasers or the subsequent consumer purchaser of the product from a retailer to obligate Phoenix in any way beyond the terms set forth herein.
This warranty does not cover damage caused by misuse or abuse, accident, liquids including but not limited to water or lotions, the attachment of any unauthorized accessories, alteration to the product, improper use, unauthorized repairs or modifications, improper use of electrical power supply, loss of power, variation in line voltage, dropped product, malfunction or damage of an operating part from failure to provide manufacturer's recommended maintenance, transportation damage, theft, neglect, vandalism or environmental conditions, loss of use during the period the product is at the Phoenix repair facility or otherwise awaiting parts or repair or any other conditions whatsoever that are beyond the control of Phoenix.
This warranty provided herein shall be the sole and exclusive warranty. There shall be no other warranties expressed or implied, including any implied warranty of merchantability or fitness, or any other obligation on the part of the company with respect to products covered by this warranty. Phoenix shall have no liability for any incidental, consequential or special damages. In no event shall this warranty require more than the repair or replacement of any part or parts which is found to be defective within the effective warranty period. No refunds will be given. If replacement parts for defective materials are not available, Phoenix reserves the right to make product substitutions in lieu of repair or replacement.
This warranty does not extend to the purchase of opened, used, repaired, repackaged and/or resealed products, including but not limited to the sale of such products on Internet auction sites and/or sales of such products by surplus or bulk resellers. Any and all warranties or guarantees shall immediately cease and terminate as to any products or parts thereof which are repaired, replaced, altered, or modified without the prior express and written consent of Phoenix, Inc.
This warranty provides you with specific legal rights. You may have additional rights, which may vary from state to state. Because of individual state regulations, some of the above limitations and exclusions may not apply to you. This warranty is effective for all Phoenix products purchased through a Phoenix website within the timelines covered. Any modifications or adaptation to enable it to operate in any other country are not covered under this warranty.
General and Miscellaneous Provisions
The name "Phoenix", as well as the Site and its content (texts, data, graphics, videos, audio, presentations, selections, arrangements and photographs of the products), are protected by copyright. These T&Cs do not imply any transfer of intellectual property rights, such as all rights and privileges, whether registered or not, arising from Swiss and international legislation on copyright, trademark protection, and trade secrets, from Phoenix to you.
Phoenix may, in its sole discretion and without liability to you, with or without cause, with or without notice to you, at any time terminate your access to all or part of the Services. You agree that Phoenix may, in its sole discretion, terminate your use of the Services for any reason, including, without limitation, for lack of use or if Phoenix believes that you have violated any provision of the TOS. Phoenix may also, in its sole discretion and at any time, discontinue providing the Services or any part thereof, with or without notice. In addition, you agree that Phoenix shall not be liable to you or to any third party for any termination of your access to or provision of the Services.
If any provision of the GTC is found to be invalid, the parties nevertheless agree that their intentions, as expressed in the provision, will be enforced to the fullest extent possible and that the other provisions of the GTC will remain in full force and effect. The headings of the articles of the GTC are for ease of reference only and have no legal or contractual effect.
Assignment or transfer.
You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these T&Cs. Phoenix may assign or transfer any of its rights or obligations, or subcontract the performance of any of its obligations under these T&Cs to any third party at any time without your consent (which consent is hereby given).
The GTC and the relationship between you and Phoenix shall be governed by Swiss substantive law, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The parties agree that they will seek an amicable resolution to any claim, demand or dispute arising out of or relating to these T&Cs, which shall be submitted to the competent courts of the place of Phoenix's registered office, subject to recourse to the Federal Court.
You can contact us at the following email address: email@example.com or by mail at Phoenix, Quai de l'Ile 13, 1204 Genève, Switzerland, for any suggestion or comment.