General terms and conditions of sale (hereinafter " GTC ")

SARL Peggy Huynh Kinh (hereinafter ” PHK “) creates, designs, manufactures and sells jewelry and leather goods, ready-to-wear and office accessories for women and men (hereinafter ” Products “).

PHK offers its Products for sale on its website www.phk.fr (hereinafter ” website “) to consumers or non-professional customers only natural persons (excluding legal entities) (hereinafter referred to as ” Customer ” or ” Clients “).

PHK and Customer are individually referred to as ” Party ” and collectively as ” Parties “.

The Customer declares to have reached the age of legal majority required to enter into contracts in France and to have full legal capacity and standing to enter into contracts with PHK and undertakes to justify this to PHK, on first request, by providing all useful documents.

The purpose of the General Terms and Conditions is to define the rights and obligations of the Parties in connection with the online sale of Products offered by PHK to its clients.

The GTC shall apply to all orders, sales or contracts entered into between PHK and the Customer through the Website (hereinafter ” Order “) and shall prevail over all other documents (correspondence, catalogs, etc.), with the sole exception, where applicable, of derogating particular conditions accepted in writing and unequivocally by the Parties.

The GTC applicable to an Order are those provided on the Website and in force when the Client places the order; they will remain in force for the time required for the performance of the obligations contracted by the Parties and until their extinction.

PHK reserves the right to make changes to the GTC, which will then be enforceable against the Clients as of the date they are put online and will not apply to any Orders placed previously.

PHK invites Users to read and record the GTC and informs them that in the case of any discrepancy between the versions of the GTC or their interpretations, the French versions shall prevail over any other versions and in particular over the English version.

By placing an Order with PHK under the GTC set forth below, the Client fully and unreservedly accepts the GTC by checking the appropriate box and acknowledges having read the GTC prior to each Order as well as the Privacy Policy – cookies available here here.

By placing an Order on the Website, the Client represents and warrants that he/she is a good faith and final consumer making a purchase for his/her own use or for the personal use of a third party, and that he/she will not purchase the Products for commercial purposes and will not deliver, sell or distribute them for such purposes.

The Client may place his/her Order online, either from the catalog of Products available on the Website.

The Ordering process consists of the following successive steps:

Adding the Products chosen by the Client (size, color, quantity, etc.). The Client may immediately validate his/her basket or continue shopping on the Website and add them to his/her basket. PHK does not guarantee the availability of the Products at the time of the final validation of the basket,

Access by the Client to the “summary page of the Order summarizing all the characteristics of its Order, which the Client undertakes to check and modify if necessary, before finally confirming its Order,

Validation of the GTC by the Client by checking the appropriate box on the “Summary” page,

Final confirmation of the Order by the Client. In order to definitively confirm the Order, the Client may 1) register with his/her e-mail address and password if he/she already has a Client account on the Website, 2) create a Client account if he/she does not have one, and 3) register as a simple visitor to the Website. In this last case, the Client can always create his/her Client account later,

Client’s choice of payment method and payment of the Order by the Client,

Validation of the payment by PHK’s banking institution and sending by PHK of an automatic email confirming the Order placed by the Client. The Order confirmation email does not constitute acceptance of the Order,

Sending of an automatic email confirming the shipment of the Order placed by the Client, which will be considered as acceptance of the Order and will firmly and definitively formalize the sale between the Client and PHK,

PHK shall be obligated to deliver to the Client only those Products whose shipment have been confirmed by PHK, to the exclusion of any other Products, even if they are part of the Client’s Order, until shipment of such Product has been confirmed by PHK.

Until the Client receives the Order shipment confirmation email from PHK, the Client may cancel the Order.

Any Orders implies acceptance of the prices and descriptions of the Products available for sale.

Any Orders placed on the Website is subject to the availability of the Products and their acceptance by PHK.

In the event that a Product ordered is unavailable, the Client will be informed by e-mail at the address he/she provided when placing the Order and PHK may cancel the Order for the unavailable Product and, if applicable, refund the Client. The Order will be maintained for the remaining available Products.

As quantity limits may apply to Orders for certain Products, PHK reserves the right to refuse at any time, without notice, Orders that exceed a certain number of authorized Products.

In the event of any difficulty in registering the Order placed by the Client (such as non-payment, incorrect address, problem with Client’s account, etc.), PHK reserves the right to suspend the Client’s Order until the problem is resolved, and failing that, to cancel the said Order, without compensation to the Client and at its sole expense.

For any question relating to the tracking of an Order, the Client may refer to the Order tracking number that he/she will receive in the Order confirmation e-mail or write to contact@phk.fr providing his/her Order number.

Any claim made by a Client in relation to its Order shall be dealt with in accordance with the GTC both in terms of guarantees and dispute resolution.

PHK takes the utmost care in providing information online relating to the essential characteristics of the Products, in particular by means of detailed descriptions and photographs illustrating the Products.

However, PHK cannot be held responsible for any errors or omissions in this presentation.

The photographs of the Products are not contractual.

Unless otherwise stipulated, the prices of the Products mentioned on the Website are indicated in euros and dollars.

In the event of delivery in France or Monaco, the prices include the French value added tax (hereinafter “VAT“) in force on the day of the Order. Any change in the applicable rate of French VAT shall automatically be reflected in the price of Products sold on the Website in France or Monaco.

In the event of delivery to another European Union Member State or to a third country, the VAT and, more generally, any other taxes that may apply, shall vary according to the place of delivery of the Products indicated by the Client when placing the Order. When taxes are due by the Client at the time of receipt of the Products ordered in his/her country, the Client undertakes to pay them in accordance with the Laws and Regulations in force in his/her country.

Prices do not include delivery charges, which are invoiced in addition to the price of the Products, and which are indicated before the Order is validated by the Client, on the Order “summary” page, which the Client undertakes to check carefully.

PHK reserves the right to modify, without prior notice, the prices of its Products as well as the delivery charges at any time, but undertakes to apply the prices in force at the time of the Order, subject to availability on that date.

The Client is also informed that prices may be changed at any time, including between the placing of the Order and the confirmation of the Order by PHK, when legislative and regulatory reforms change the applicable taxes. In such an event, PHK will contact the Client to ascertain whether it wishes to maintain or cancel the Order

Once the Order has been dispatched, PHK will email the Client and make available on the Client’s account the invoice for the Order in a durable format that the Client can download.

The price of the Order is payable in full, on the day the Order is placed, by the following methods: credit card (CB, Visa, Mastercard, American Express) or Paypal.

At no time may the sums paid be considered as deposits or advance payments.

For payments by credit card, the Client will be subject to authorization and authentication. PHK reserves the right to suspend any Order and any delivery in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment by the Client. PHK will not be held liable for any delays or non-delivery resulting from this.

PHK reserves the right to refuse to make a delivery or to honour an Order from a Client who has not paid in full for a previous Order or with whom a payment dispute is being processed.

The provision by the Client of its bank details online and the final validation of the Order by the Client and PHK shall constitute proof of the Client’s agreement to the payment of the Order, the price of which shall be immediately due and payable, as well as for the performance of all operations carried out by PHK in order to execute the Order.

In the event of fraudulent use of the Client’s bank details, the Client must, as soon as this is discovered, inform PHK by email at contact@phk.fr.

The computerized registers, kept in PHK’s computer systems, under reasonable security conditions and in accordance with the Laws and Regulations in force, shall be considered as evidence of the communications, Orders and payments intervened between the Parties. The same applies to emails exchanged between the Client and PHK.

The archiving of purchase Orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

PHK delivers its Products in the European Union territories (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, France, Monaco, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy), as well as in the United Kingdom, Switzerland and Norway, and more generally worldwide.

PHK will ship and deliver the Order when PHK’s bank confirms receipt of payment from the Client.

The Order will only be delivered to the address provided by the Client at the time of the Order, according to one of the two following delivery methods: Colissimo or Chronopost, as chosen by the Client.

The delivery charges applicable to the Order are those set by Colissimo and Chronopost on the day the Order is confirmed by the Client.

PHK is unable to specify the exact, precise and definitive delivery times of the Products at the time of the final validation of the Order. As an indication, the average time taken for delivery of Products by Colissimo is 2 to 3 working days in Metropolitan France and Monaco, 3 to 5 working days in the European Union and 3 to 8 working days in the rest of the world.

The delivery of the Order will be carried out only with the signature of the Client. Should the Client be absent at the moment of the delivery, a delivery notice will be deposited in the Client’s mailbox, requesting him to collect his Order at the Colissimo or Chronopost office mentioned. If the Client fails to pick up the Order within the time limit and at the address of the office specified by Colissimo or Chronopost, the Products will be returned to PHK.

In the event of non-receipt of the Order by the Client within thirty (30) days, for any reason other than force majeure or Client’s fault, the Order may be cancelled by Client, after a formal notice addressed to PHK has remained unsuccessful for a reasonable period.

The price paid by the Client, excluding any compensation or deduction, will be refunded to the Client within fourteen (14) days of the date of cancellation of the Order.

Any Order that is returned to PHK due to an incorrect or incomplete shipping address will be reshipped to the Client at the Client’s sole expense.

Ownership of the Products shall be transferred to the Client upon full and final payment of the Order is received by PHK, regardless of the delivery date of the Products. However, the risks will be transferred to the Client upon delivery of the Products to the Client.

Upon receipt of the Order, the Client is required to check the conformity of the delivered Products.

Any anomaly concerning the delivery (in particular product shortages, damaged goods, damaged packages, errors, etc.) must be imperatively indicated on the delivery order in the form of hand-written reservations signed by the Client and sent to the carrier.

Secondly, any anomaly must be notified to PHK within three (3) days following the delivery of the Order by registered letter with acknowledgement of receipt to SARL Peggy Huynh Kinh, 9 rue Coëtlogon – 75001 Paris – France, or by email to contact@phk.fr.

Any claim made without respecting this procedure and/or beyond the above-mentioned deadline will be rejected and the Client will not be able to engage the responsibility of PHK.

In case of return accepted by PHK, the Client will have to return the concerned Products, in integrality and in their original packaging, to the address SARL Peggy Huynh Kinh, 9 rue Coëtlogon – 75006 Paris – France.

The cost of returning the Products is the responsibility of PHK, which will send to the Client by e-mail a prepaid return label to be affixed to the return package and will provide to the Client the instructions for returning the Products.

If the above conditions are met, PHK will refund the Client’s entire Order within fourteen (14) days of PHK’s receipt of proof of shipment of the Products returned by Customer or PHK’s receipt of the returned Products.

If returns are abnormal or improper, PHK reserves the right to refuse to refund the Client’s Order and to refuse a future Order placed by the Client.

The Client will have the possibility of exchanging one or more Products of his Order when the reason for the exchange will concern the size or the color of the same Product reference of, excluding any other reason for exchange.

Any request for exchange of Products must be addressed to PHK at contact@phk.fr within fifteen (15) days of delivery of the Products.

In case of acceptance of the request by PHK, the Products must be returned to PHK, at the address Peggy Huynh Kinh, 9 rue Coëtlogon – 75006 Paris – France, in their original packaging and within fifteen (15) days following the acceptance of the return by PHK.

Products that are damaged, incomplete or not in their original packaging shall not be taken back.

Return shipping costs for an exchange are at the Client’s expense.

Archival sale items will not be refunded or exchanged.

If the above conditions are met, PHK will redeliver the exchanged Products to the delivery address provided by the Client in the original Order, unless otherwise agreed to in writing by the Client, subject to available stocks.

If, after the exchange, the exchanged Products are not suitable for the Client, the Client may cancel the Order and PHK will refund the price of the Order within fifteen (15) days of receipt of the Products by PHK.

In the event that the Products desired by the Client are not available in exchange, the Order may be cancelled by the Client and PHK will refund the price of the Order within fifteen (15) days of receipt of the Products by PHK.

The Products will then be returned to the Client, at the Client’s sole expense, to the address provided by the Client in the initial Order. The Products shall then be returned to the Customer, at the Customer’s sole expense, to the address provided by the Customer in the initial Order.

In accordance with the legal provisions in force, the Client has a period of fourteen (14) days from the date of delivery of the Products to exercise its right of withdrawal from PHK, without having to justify its reasons or pay any penalty.

Pursuant to Article L.221-19 of the French Consumer Code, the day of delivery of the Products is not included in the above-mentioned withdrawal period and if the period expires on a Saturday, Sunday or public holiday, it is extended until the next business day.

The right of withdrawal may be exercised by contacting the client service by email: contact@phk.fr.

The Products must be returned to PHK, at the address Peggy Huynh Kinh, 9 rue Coëtlogon – 75006 Paris – France, in their original packaging and within fourteen (14) days following receipt by PHK of the Client’s decision to cancel.

Products that are damaged, incomplete or not in their original packaging shall not be taken back.

The cost of returning the Products is the responsibility of PHK, which will send to the Client by e-mail a prepaid return label to be affixed to the return package and will provide to the Client the instructions for returning the Products

If the above conditions are met, PHK will refund Customer the full amount of the Order within fourteen (14) days of PHK receiving proof of shipment of the Products returned by Customer or PHK receiving the returned Products.

The Products are covered by the legal warranty of conformity and the legal warranty against latent defects provided for by the French Civil Code and Consumer Code.

These legal warranties do not cover defects known to the Client on the day of the confirmation of the Order or that the Client could not have been unaware of, nor do they cover apparent defects or defects resulting from deterioration of the Products due to abnormal use by the Client or normal wear and tear of the Product.

The Client has a period of two (2) years to implement these legal warranties.

In case of non-conformity, the Client will be able to choose between the repair or the replacement of the non-conforming Products, except if this choice entails a cost manifestly disproportionate for PHK which will be entitled to choose the less expensive solution.

If these two options cannot be implemented in the legal conditions, the Client will be entitled either 1) to be reimbursed the full price of the non-conforming Products after having returned them to PHK, or 2) to be reimbursed part of the price by keeping the non-conforming Products.

In the event of established latent defects in the Products, the Client will be entitled either 1) to be reimbursed the totality of the price of the non-conforming Products after having returned them to PHK, or 2) to be reimbursed part of the price by keeping the non-conforming Products.

Returns and refunds of non-conforming or defective Products shall be made in accordance with the conditions set forth in Article 9 of the GTC. The return costs is the responsibility of PHK, which will send to the Client by e-mail a prepaid return label to be affixed to the return package and will provide to the Client the instructions for returning the Products.

PHK benefits from a recognized savoir-faire in the fields of creation and design of leather goods, accessories and women’s and men’s ready-to-wear products, jewelry and desk accessories.

PHK is the sole owner or assignee of all intellectual property rights attached to its Products (copyright, neighboring rights, trademark rights, design rights, sui generis database rights, etc.), as well as more generally to its creations, illustrations, images, photographs, graphics, videos, logos, trademarks, designs, trade names, signs, domain names, texts, databases, etc., which the Client irrevocably acknowledges.

The Client undertakes not to challenge and not infringe PHK’s intellectual property rights, in any way, and not to claim any intellectual property rights on said Products and more generally on PHK’s creations, illustrations, images, photographs, graphics, videos, logos, trademarks, designs, trade names, signs, domain names, texts, databases, etc.,

The Client undertakes not to reproduce and/or have reproduced the models of the Products, and more generally the creations, illustrations, images, photographs, graphics, videos, logos, trademarks, designs, trade names, domain names, texts, databases, etc. of PHK, by third parties and not to facilitate such reproductions or imitations. The Client acknowledges that such actions would cause significant damage to PHK, for which PHK would be entitled to seek full compensation.

The Parties shall not be held liable for the non-performance or delays in the performance of the Orders, if such non-performance or delay is due to force majeure or fortuitous event.

Force majeure or fortuitous event shall be deemed to be any exceptional event or circumstance not attributable to the other Party, beyond the control of a Party, which it could not have prevented prior to the validation of the Order and which, if it had occurred, could not reasonably have been avoided or overcome by the Party claiming it.

This shall include, but not be limited to, the following events and circumstances as generally recognized by the case law of the French courts, namely total or partial strikes, lockouts, bad weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, wars, hostilities, invasion, terrorism, revolution, civil war, natural disasters such as earthquakes, storms, floods, water damage, fire, governmental or legal restrictions, legal or regulatory changes, blockage of telecommunications whatever the operator, blockage independent of the will of the Parties preventing the normal execution of the Contract. This list is not exhaustive.

Fortuitous event or force majeure shall suspend the obligations under the Order for the duration of its existence. The obligations so suspended shall be performed again as soon as the effects of the cause(s) of non-performance or delay have ceased, within a period to be mutually agreed upon by the Parties.

In the event that such force majeure or fortuitous event continues for a period of more than 2 (two) months, PHK shall propose to the Client alternative solutions to enable the Order to be performed under the best possible conditions.

If they fail to reach agreement within a maximum of 30 (thirty) business days, after the expiration of the above-mentioned 2 (two) month period, the Order may be cancelled by either Party, without compensation on either side, by simple written notice to the other Party.

If the force majeure or fortuitous event affects only a portion of the Order, the foregoing provisions shall apply only to that portion of the Order which is not performed or is delayed in performance. The obligations of the Parties under the T&C for the portion not affected by the force majeure or act of God shall continue in full force and effect and shall be performed.

In addition, if a technical, economical or commercial circumstance prevailing on the date of signature of the Agreement change significantly or be of an unforeseeable and exceptional nature that leads to a general disruption of the economic conditions of the Order for a Party that had not agreed to assume the risk, that Party may enter into discussions to find solutions that allow reasonable performance of the Order. The Parties shall continue to perform their obligations during such discussions. If such discussions are refused or fail, the Parties may decide by common agreement to cancel the Order at such time and on such terms as they may determine. In the event of refusal or failure of discussions, the Parties may elect to cancel the Order at such time and on such terms as they shall determine.

If one or more provisions of these GTC are held to be invalid or declared as such in application of a Law, a Regulation or following a final decision of a competent jurisdiction, the remaining provisions shall remain in full force and effect.

The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question

The GTC constitute the entirety of the existing contractual relations between the Parties subject to French law, both in substance and in form, to the exclusion of any other foreign law or European or international convention, in particular the Vienna Convention, whatever the nationality of the Client or the place of performance of the Orders they govern.

In the event of a dispute, the Client undertakes to seek an amicable solution with PHK.

The Client is hereby informed that in the event of a dispute between the Parties concerning the validity, interpretation, performance or termination of their contractual relationship subject to the GTC, it shall have 1) the possibility to go to the European Online Dispute Resolution Platform and 2) the right to refer the matter to a consumer ombudsman, in accordance with article L.612-1 of the French Consumer Code, whose contact details are as follows

Consumer Mediator
Association of European Mediators – AME CONSO
https://www.mediateurseuropeens.org
11 place Dauphine – 75001 PARIS
09.53.01.02.69

In the absence of amicable resolution or mediation, any dispute between the Parties will fall under the exclusive jurisdiction of the competent courts within the jurisdiction of the Court of Appeal of Paris, even in the event of a warranty claim or multiple defendants.

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