Terms of sale

Preamble
Scope. These general terms are strictly limited to the sale of the “Phase Products” (“Our Product” “Our Products” “Phase Product”; “product”; “products”): products branded Phase SAS (“Phase”) available for sale on our website store.phasedj.com. These general terms do not cover the services offered by Phase SAS or the applications developed and marketed by Phase SAS objectives. Phase SAS is a company specializing in the development of music mobile applications and hardware product that aim to democratize musical creation to everyone. The Phase products are the exclusive property of Phase.

Article 1. Legal information
1. The website store.phasedj.com, including its online sales area, is the property of Phase SAS, a French simplified joint stock company ("société par actions simplifiée"), whose head office is located at 54/56, avenue du Général Leclerc, 92100 Boulogne-Billancourt, France, registered in the Nanterre Trades and Companies Register under number 915 189 302, (hereinafter “Phase SAS”), publishes this website: www.phasedj.com (hereinafter “Phase’s Website”). 


  1.  Phase’s contact details are indicated below:
        - Principal place of business: 54/56 Avenue du Général Leclerc 92100 Boulogne Billancourt, France
         - Email address: support@phase.zendesk.com
  2. Phase is a company specialized in the development of music mobile applications and hardware products for DJs

Article 2. Purpose
1. The purpose of these general terms is to set forth the general terms and conditions of sale of the Phase Products, offered for sale online by Phase on the site.

2. In particular, the terms set forth the rights and obligations of Phase and of the customer.


Article 3. Product Catalog
1. Phase offers a specific version of the Phase Products on the date these general terms are posted online, but other versions of our products can be added to the catalog. The site offers a full description of the Phase Products and specifies their technical features, performance, and limitations of use.

  1. Phase reserves the right to modify its product catalog, or add new products. In addition to these general terms, Phase reserves the right to apply specific terms and conditions for any version that will be brought to the customer’s knowledge.

 

Article 4. Enforceability
1. These general terms are business-to-consumer (“B to C”) terms, meaning that they apply between Phase and a “consumer” within the meaning of French law. If you are a business acting as a trader, we invite you to contact Phase to be provided with the general terms applying for business-to-business (“B to B”) relations.

  1. In any case, where the customer is a trader, the contractual provisions applicable only to consumer customers will be considered non-applicable to that business customer.
  2. The obligations contained in these general terms shall apply only to customers who purchased the “Phase Products” on the Phase site. Phase shall have no obligation to a person who bought a second-hand “Phase Product” or used the “Phase Product” of a third party.
  3. These general terms determine the rights and obligations of the parties and also contain all the provisions imposed by law for electronic sales.
  4. Phase reserves the right to modify or amend these general terms at any time. These changes will have effect only on sales made after the new terms are posted online.
  5. In any case, the version of the general terms binding on and enforceable against the customer is the one that the customer accepted when he confirmed his order.
  6. The general terms can be accessed at any time in the online sales area. The customer can access the general terms that have been archived on request by sending an email to: support@phase.zendesk.com.
  7. The online documents accepted when placing the order will prevail over any earlier paper versions.

 

Article 5. Product information
1. Pursuant to Article L.121-17 of the French Consumer Code, it is reminded that clear and comprehensible information regarding the “Phase Products” can be found online. In case of doubt, the customer is invited to contact Phase for any additional information or clarification. Thus, it is expressly agreed that the customer who orders a “Phase Products” is deemed to have taken note of this information, to have understood it and to have the necessary skills and knowledge for using it.

  1. The essential characteristics, prices and delivery times of the “Phase Products” are available on the site. They are summarized in the shopping cart.
  2. Phase takes the greatest care in providing online information before the order is placed, including information on the essential characteristics of the products sold on the site, their prices, the warranties and after-sales services, the means of payment, the terms of payment and delivery, the restrictions on delivery.
  3. The photographs and other graphic illustrations of the Phase Products presented on the site are for illustration purposes only and have no contractual value. The customer is fully informed that the images, photos and colors may in particular differ from the actual colors because of the Internet browser and screen used.
  4. The use of the product ordered can be subject to use and safety instructions. The customer undertakes to read and comply strictly with the instructions for use and safety recommendations contained in those documents, including those posted and updated on the site.

 

Article 6. Online order
1. Choice of the product. The customer chooses the products presented in real time on the site the day of the order.

  1. The customer acknowledges that he is aware of the nature, intended purpose and terms of use of the product available on the site and that he has sought and obtained any necessary and/or additional information to place his order with full knowledge of the facts.
  2. The customer is solely responsible, and Phase cannot be held liable, for his acquisition of the product and the adequacy of the product with its intended use.
  3. Unless otherwise stated by law, the customer’s total or partial inability to use the product, especially because of hardware incompatibility, cannot give rise to any compensation, refund or claim against Phase.
  4. Acceptance of terms of sale. Any order implies full acceptance of these general terms via a checkbox.
  5. The customer who wishes to place an order on the site agrees to first provide the information requested in the forms available online. The customer confirms that the information he provides is true and accurate.
  6. The contracting procedure consists of the following steps:
         - Step 1: Selection of the product version;
         - Step 2: Access to the order details. During this step, the customer can check the details of the order and its total price, change, correct any errors or cancel the order;
          - Step 3: Identification of the customer;
          - Step 4: Choice of the billing and delivery address, method of delivery and method of payment;
          - Step 5: On the same screen, summary of the order and acceptance of the general terms before confirming the order. During this step, the customer can also check the details of the order and its total price, change, correct any errors or cancel the order;
           Step 6: Payment of the order.
  7. Phase acknowledges receipt of the customer’s order by immediately sending a confirmation email or displaying a confirmation page.
  8. Orders will be taken into account only after payment is accepted. Any payment rejection will result in the abandonment of the order; the customer will be informed accordingly and the product will not be delivered.
  9. Phase agrees to fulfill the orders received while stocks last and, in case of product unavailability, to inform the customer by any means chosen by Phase at its discretion; the customer will then be able to cancel the order and obtain the refund of any amounts already paid.
  10. Storage and archiving. Phase will store the writing evidencing a customer’s order for an amount equal to or greater than one hundred twenty (120) euros for a period of ten (10) years from (i) the delivery corresponding to the order in case of products and (ii) the end of the performance of the services in case of services, and Phase guarantees that the customer can access it at any time during that period.
  11. The contractual documents will be kept in electronic or paper format.
  12. Phase will provide the customer access to the contractual documents stored on request as follows: a request made by mail to: 54/56 Avenue du Général Leclerc 92100 Boulogne-Billancourt, France, or by email at: support@phase.zendesk.com.

 

Article 7. International order and importation
1. Unless otherwise provided by law, for international orders, the documentation accompanying certain products (including user guides and safety manuals) may not be available in the customer’s language. The customer is therefore responsible for checking before the order that he is able to understand the language used in the documentation of the product ordered.

  1. The customer is further responsible for checking that the product ordered (including its packaging) complies with the norms and standards and local regulations in the country of delivery. Phase will not be liable for delays and/or losses and/or responsibilities arising out of or in connection with the non-compliance of the product with local regulations.
  2. In addition, the customer agrees to comply with all laws and regulations in force in the country of delivery of the product. In this respect, it is his responsibility to ensure that the import of the product ordered is authorized in the country he indicated for delivery. Phase takes no responsibility for any damage, loss or liability that could be suffered as a result.

 

Article 8. Price
1. The prices for the ordered products offered on the site are indicated in the online sale area dedicated to this purpose, in the product data sheet of every product offered for sale online.

  1. Prices are quoted in euros and are inclusive of taxes.
  2. They are only valid for the period during which they are accessible electronically in real time in the sales area for the product offered for sale online.
  3. They are subject to change depending on several criteria, including in case of commercial operations. “Commercial” operations have a specific validity period and cannot apply retroactively or after the end of their validity period even if the advertising is still available online for reasons unrelated to Phase.
  4. The value of the transaction will necessarily be that applied at the date and time when the customer places the order and the customer acknowledges and agrees that he will have no recourse if the price is increased or reduced after the order is placed.
  5. The prices displayed include the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the prices of products offered for sale.

 

 

Your hardware warranty 

Phase Two (2) Year Limited Warranty - for Phase branded products® (Phase Essential, Phase Ultimate, Phase case, Mixfader, Mixfader Case, Mixfader Dock) only.
Important: by using your Phase product (“your product”, “the product”) you are agreeing to be bound by the terms of Phase Two (2) Years Limited Warranty (“Warranty”) as set out below. Do not use the product until you have read the terms of the warranty. If you do not agree to the terms of the warranty, do not use the product and return it within the return period stated in Phase’s return policy (found at https://store.phasedj.com/policies/terms-of-sale) to the Phase-owned retail store or the authorized distributor where you purchased it for a refund.

How consumer law relates to this warranty
This warranty gives you specific legal rights, and you may have other rights that vary from state to state (or by country or province). Other than as permitted by law, Phase does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights you should consult the laws of your country, province or state.

Warranty limitations subject to consumer law
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Phase disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Phase limits the duration and remedies of such warranties to the duration of this express warranty and, at Phase’s option, the repair or replacement services described below. Some states (countries and provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.

What is covered by this warranty?
Phase warrants the Phase-branded hardware products and accessories contained in the original packaging (“Phase Product”) against defects in materials and workmanship when used normally in accordance with Phase’s published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Phase’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

What is not covered by this warranty?
This warranty does not apply to any non-Phase branded hardware products or any software, even if packaged or sold with Phase hardware. Manufacturers, suppliers, or publishers, other than Phase, may provide their own warranties to you - please contact them for further information. Software distributed by Phase with or without the Phase brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Phase does not warrant that the operation of the Phase Product will be interrupted or error-free. Phase is not responsible for damage arising from failure to follow instructions relating to the Phase Product’s use.

This Warranty does not apply:
(a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Phase Product outside Phase’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Phase to a Phase Product that has been modified to alter functionality or capability without the written permission of Phase; (g) to an Phase Product that has been modified to alter functionality or capability without the written permission of Phase; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Phase Product, or (i) if any serial number has been removed or defaced from the Phase Product.

Your responsibilities
Before receiving warranty service, Phase or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Phase’s procedures for obtaining warranty service. Following warranty service your Phase Product or a replacement device will be returned to you as your Phase Product was configured when originally purchased, subject to applicable updates. Phase may install system software updates as part of warranty service that will prevent the Phase Product from reverting to an earlier version of the system software. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty. Important: Do not open the Phase Product. Opening the Phase Product may cause damage that is not covered by this Warranty. Only Phase should perform service on this Phase Product.

How to obtain warranty service?
If during the Warranty Period you submit a valid claim to Phase, Phase will, at its option, (i) repair the Phase Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Phase Product with a device that is at least functionally equivalent to the Phase Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the Phase Product for a refund of your purchase price.

Please access and review the online help resources before seeking warranty service.
If the Phase Product is still not functioning properly after making use of these resources, please contact a Phase representative using the information provided below. A Phase representative will help determine whether your Phase Product requires service and if it does, will inform you how Phase will provide it. When contacting Phase via telephone, other charges may apply depending on your location.

What Phase SAS does in case of a warranty claim

If you submit a valid claim under this warranty, Phase SAS will, at its option:

(i) repair the Phase Product with new parts or used parts that are equivalent to new parts in terms of performance and reliability, or reliability, or
(ii) replace the Phase Product with a product at least functionally equivalent, which will consist of new or used parts equivalent to new, in terms of performance and reliability, or
(iii) refund the purchase price in exchange for the return of your Phase product

If a part or product is replaced or if a refund is granted, any replacement product will become your property and the refunded or replaced product will belong to Phase SAS. A replacement part or product, or a repaired Phase product will remain covered by the remaining warranty of the original Phase product, or for a ninety (90) days period from the date of replacement or repair, whichever is longer. For requests made in a country other than the country of purchase of the product, Phase SAS may repair or replace products and parts with comparable products and parts, conforming to local standards.

Warranty service options
Phase will provide warranty service through Mail-in service. If Phase determines that your Phase Product is eligible for mail-in service, Phase will send you prepaid waybills and if applicable, packaging materials, so that you may ship your Phase Product to Phase Repair Service location in accordance with Phase’s instructions. Once the service is complete, the Phase Repair Service will return the Phase Product to you. Phase will pay for shipping to and from your location if all instructions are followed. Phase reserves the right to change the method by which Phase may provide warranty service to you, and your Phase Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Phase Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all customs duties, V.A.T and other associated taxes and charges. Where international service is available, Phase may repair or replace Phase Products and parts with comparable Phase Product and parts that comply with local standards.

Limitation of liability
Except as provided in this warranty and to the maximum extent permitted by law, Phase is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored in or used with the Phase Product or any failure to maintain the confidentiality of the information stored on the Phase Product. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and grossly negligent acts and/or omissions. Phase disclaims any representation that it will be able to repair any Phase device under this warranty or replace the Phase Product without risk to or loss of information stored in the Phase Product. Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General
No Phase reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Phase Product purchase took place. Phase or its successor in title is the warrantor under this Warranty.