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Terms & conditions

Terms & conditions

General Terms and Conditions of Sale

Article 1: These general terms and conditions apply to the sale of products and services carried out on the website www.phenixairsoft.com and at the Phenix Airsoft store located at 215 Avenue de Coulin, 13420 Gemenos, operated by EURL TRAMONTANE, 250 Avenue de Coulin – 13420 Gémenos, registered with the RCS MARSEILLE under number 105 976 070. Therefore, placing an order on the Phenix Airsoft website or making a purchase in-store constitutes acceptance of these general terms and conditions of sale.

Article 1.1: Phenix Airsoft reserves the right to modify or change, without prior notice, the products or services presented in its catalogue.

The choice and purchase of a product or service are the sole responsibility of the customer. The inability to use the purchased product for any reason whatsoever, particularly due to incompatibility with equipment already owned by the customer, shall under no circumstances give rise to compensation or cancellation of the purchase from PHENIX AIRSOFT.

Article 1.2: Phenix Airsoft is subject to the regulations imposed by Decree No. 99-240 of 24 March 1999, which prohibits access to the product by minors (under 18 years of age). Therefore, placing an order on our website www.phenixairsoft.com means that you are of legal age, that you are aware of the laws and regulations governing airsoft, and that you have accepted and read these general terms and conditions of sale. We cannot be held responsible if you fail to comply with the decree or with the legislation governing airsoft.

Article 2:

To place your order, we provide the following options:

  • Online via our website: www.phenixairsoft.com, 24 hours a day, 7 days a week
  • Directly at the store: Monday to Friday, from 2:00 p.m. to 5:00 p.m.
  • By telephone for your questions: 04 42 01 29 33
  • By email via the contact form available under the "Contact Us" menu

Orders, Prices and Payment Methods

Article 2.1: The prices of products and services are displayed inclusive of all taxes (VAT included), excluding shipping costs. Shipping costs will be added at the end of the order once the customer has selected their preferred delivery method.

Article 2.2: For the French overseas departments and territories, we currently no longer sell to the French overseas territories.

Article 2.3: Orders may be paid for using the following payment methods:

  • Bank transfer
  • Credit/debit card
  • PayPal
  • Alma

Article 2.4: Orders validated for payment by bank transfer do not reserve the ordered items until payment has been received and validated. If one or more products are no longer available when payment is received, a credit note equal to the amount of the missing product will be credited to the customer's account.

Shipping, Delivery and Returns

Article 3: Our team endeavours to hand orders over to the carriers within 24 to 48 business hours following the order, excluding weekends. We prepare orders from Monday to Friday, and orders are handed over to the various carriers from Monday to Friday.

Article 3.1: Delivery times range from 24 hours to 7 days, depending on availability, and are provided for information purposes only. In the event of a possible delivery delay caused by the carrier, we cannot be held responsible. We indicate a delivery time for each carrier in business days for delivery within Metropolitan France; however, delivery times may vary depending on the delivery location. Phenix Airsoft provides one carrier, while also offering customers the possibility of collecting their order directly from the store:

  • Colissimo home delivery, delivery to a post office or delivery to a partner collection point

We shall be released from our delivery obligations in the event of an internal carrier strike, public disturbance, force majeure, unforeseen circumstances or acts of war.

Article 3.2: Shipping costs are calculated according to weight, starting from the first kilogram. They may vary depending on the destination country. Phenix Airsoft only delivers within Metropolitan France and to countries belonging to the European Union.

Article 3.3: In the event that a parcel is returned by the carrier for a reason attributable to the buyer, whether due to an incomplete or incorrectly provided address, failure to collect the parcel, etc., the cost of reshipping the order shall be borne by the buyer.

Article 3.4: When preparing orders, if one of the products is temporarily out of stock, we reserve the right to split the order into several shipments, with any additional shipping costs being borne by us. If the restocking period is too long, the product will be refunded using the payment method originally used for the order.

Article 3.5: The products comprising the order are transported at the buyer's own risk. Shipping, transportation and handover to the carriers are carried out by Phenix Airsoft exclusively on behalf of the buyer. The buyer must therefore check the condition of the goods upon receipt and specify any defects observed on the delivery document. However, please notify us upon receipt of the goods. We cannot accept any transport-related claim if no reservation or remark was made on the delivery document. The wording "subject to unpacking" is not accepted. Any transport-related issue reported to us within 24 hours of delivery using such wording cannot be accepted.

Article 3.6: Every order is placed with full knowledge of the rules and legislation concerning airsoft applicable in the buyer's country or region. In the event of customs blockage, customs charges or return to sender, we cannot be held responsible. For any reshipment request, shipping costs shall be borne by the buyer, except in exceptional circumstances acknowledged by our customer service department.

Article 3.7: Any return request must be made through our customer service department using the contact form available under the "Contact Us" section. A return procedure will then be provided to the customer.

Any order currently being processed or already shipped can no longer be cancelled immediately.

In accordance with the right of withdrawal, the customer has a period of 14 days from receipt of the product to exercise this right. This right may be exercised using the withdrawal form provided or by any other unambiguous statement expressing the customer's intention to withdraw.

Following notification of withdrawal, the product must be returned in accordance with the instructions provided by our customer service department.

Article 3.8: Return costs relating to incompatibility with the customer's own equipment, an incorrect choice of size, colour or model shall remain the responsibility of the buyer, as shall return costs in the event of an exchange. If return shipping is offered free of charge, this shall be considered a commercial gesture and shall not be regarded as a standard practice.

Warranty

Article 4: Phenix Airsoft guarantees its products against hidden defects, in accordance with the French Civil Code and Article 1641 thereof. This warranty is independent of other warranties, particularly those relating to the suitability of the product for the buyer's specific requirements.

Article 4.1: Phenix Airsoft provides a 12-month warranty covering the mechanical components of every electric, gas-powered (including CO2) or manually operated airsoft replica sold on its website or in-store, provided that the product is used reasonably, without aesthetic or mechanical modifications or alterations, and in accordance with the manufacturer's technical and operating instructions.

Article 4.2: The commercial warranty covers mechanical failures and incidents of random origin. This excludes maintenance, adjustment, electrical wiring modifications and tuning operations, as well as failures or incidents resulting from normal wear and tear or an external cause. For gas-powered replicas, the use of an appropriate gas suited to the replica and the prevailing climatic conditions is also required.

The warranty does not cover failures resulting from:

  • Accidental handling, theft, fire, freezing or immersion of the equipment
  • Excessive, insufficient or inadequate lubrication, or any other lack of maintenance
  • Any external and/or internal modifications
  • Normal wear and tear of components
  • Any negligence by the user during the warranty period or improper use of the equipment

Any evidence of disassembly (screws, rivets, serial number, label, pin, etc.) may result in the warranty being cancelled in its entirety.

Article 4.3: Replica magazines are covered by a warranty for 30 days following receipt of the product, or purchase in-store, in the event of a manufacturing defect confirmed by the technician. Any warranty claim made after this period shall be considered a commercial gesture.

Article 4.4: Batteries are covered by a 14-day warranty in the event of a manufacturing defect confirmed by the technician. Any warranty claim made after this period shall be considered a commercial gesture.

Any malfunction or damage resulting from improper use is excluded from the warranty.

Malfunctions resulting from the following causes are therefore not covered:

  • Excessive discharge of Li-Po and Li-Fe batteries below their minimum operating voltage
  • Any failure resulting from a short circuit caused by modification of the battery, immersion or contact with a conductive liquid
  • Charging using an inappropriate charging mode or settings for the battery (NiMH charging mode for a Li-Po or Li-Fe battery, reversed polarity, charging current or voltage that is too high, etc.) or using a battery charger that is unsuitable for the battery
  • Incidents originating from a source external to the battery (reversed polarity, short circuit in the replica, defective battery charger, etc.)
  • Using a battery with equipment requiring more electrical power than the battery's capacity

Article 4.5: All warranties are personal to the original purchaser and therefore cannot be transferred to a third party.

Article 4.6: Any modification that has not been reported to and approved by the technician may result in charges being applied for the repairs required to restore the equipment to working order, up to and including complete cancellation of the warranty.

Article 4.7: Any warranty claim must be handled as follows:

  • First, contact our customer service department via the contact form available under the "Contact Us" menu on our website in order to arrange the return and determine whether or not the defective equipment can be accepted for warranty service before it is shipped by the buyer.
  • The product(s) must be returned in their complete original packaging, including all accessories supplied with the equipment (batteries, covers, battery charger, battery, BB loader, etc.), as well as instructions and manuals.
  • The returned equipment must be protected against external elements and impacts during transportation. Otherwise, we may refuse the parcel upon receipt. If the return shipping costs were paid by Phenix Airsoft and the parcel was refused because the return policy was not complied with, the costs of a second shipment shall then be borne by the customer.
  • A copy of the purchase invoice and the warranty service approval must be included with the parcel. Otherwise, the return will be placed on hold pending additional information from you, and we cannot be held responsible for any processing delays.

  • Returns must be sent to the following address:

    Phenix Airsoft
    215 Avenue de Coulin
    13420 Gemenos

Article 4.8: Under the legal guarantee of conformity, the customer:

  • has a period of two years from delivery of the goods to take action;
  • may choose between repair or replacement of the goods, subject to the cost conditions provided for under Article L.211-9 of the French Consumer Code;
  • is exempt from proving the existence of the lack of conformity during the six months following delivery of the goods. This period was extended to twenty-four months from 18 March 2016, except for second-hand goods.

Right of Withdrawal Period

Article 5: In accordance with the legislation in force, the customer has a period of 14 calendar days to exercise their right of withdrawal. This period begins on the day the order is received, as evidenced by the carrier's delivery record. In order to exercise the right of withdrawal, the customer must contact customer service to notify them of their intention to withdraw from all or part of their order. Once the 14-day period has expired, the customer loses their right of withdrawal.

Article 5.1: The customer must return, at their own expense, the product(s) concerned in full, in their original packaging and with suitable outer packaging. All accessories, including packaging, instructions, stickers, etc., must be present, in perfectly new condition and without any signs of use; otherwise, the right of withdrawal cannot be exercised. The purchase invoice must be included in the parcel, together with the duly completed withdrawal form, which is available for download by clicking here.

Article 5.1-1: The right of withdrawal cannot be exercised in the following cases:

  • Products sold by the metre or cut to length (camouflage netting, cordage, etc.)
  • Products sold sealed where opening the packaging results in the product losing its new condition
  • Services and products involving work or intervention on mechanical components
  • Services and products that have been modified at the customer's request

Article 5.2: If the buyer wishes to exercise their right of withdrawal, they may request either a refund or a credit note for the product(s) concerned. Phenix Airsoft undertakes to issue the refund or create the credit note within 14 days following receipt and inspection of the returned goods.

Data Protection and Privacy

Article 6:

Personal Data Protection Policy

The purpose of this policy is to describe the conditions under which TRAMONTANE, 250 Avenue de Coulin, 13420 Gemenos, France, processes the personal data of its customers collected through this website, phenixairsoft.com, for the distance selling of the products available on the website.

Data Collected

As part of the online sale of Airsoft equipment, among other things, TRAMONTANE requests personal information from buyers when they register and validate orders, including:

  • First and last name
  • Postal address
  • Email address
  • Date of birth
  • Landline and mobile telephone number

Optional personal data relating, in particular, to certain preferences regarding models, the energy used by replicas and colour may also be requested when placing an order.

If the required information is not provided, TRAMONTANE will not be able to provide the buyer with the requested services.

Personal data may be collected through the website, but may also be provided by the buyer by telephone or email.

Use of Data by TRAMONTANE

TRAMONTANE uses this personal data as part of its distance-selling activities, in particular to ensure the best possible delivery conditions and to validate and confirm all orders.

Personal data may also be used to inform the buyer about products similar to those previously purchased or related to the preferences communicated by the buyer.

Finally, personal data may also be used for statistical purposes, in which case the information does not personally identify the buyer.

Data Transfer

Personal Data may be transmitted to TRAMONTANE's service providers, who use it solely for the purpose of providing the Services. These service providers may include, without limitation, banks and transport companies (La Poste, Chronopost). TRAMONTANE undertakes to provide its service providers only with the information necessary for the proper processing and delivery of the buyer's order.

Confidentiality

TRAMONTANE undertakes to protect the information provided by users against any unauthorised disclosure or use. However, TRAMONTANE shall not be held liable for information that:

(i) is publicly available, provided that no obligation under this article has been breached;

(ii) has been lawfully received from third parties without restriction and without any breach of this article;

(iii) must be disclosed pursuant to a judicial decision issued by an administrative or judicial authority.

Links to Other Websites

The Site may contain links to websites operated by third parties. TRAMONTANE is not responsible for the content of these websites and is not liable for the personal data processing practices implemented by their operators. This policy applies solely to information collected on the Site.

Security

TRAMONTANE offers Users the possibility of making reservations online under optimal security and confidentiality conditions and paying for their reservations by credit/debit card. When Users transmit their bank card information on the Site, the transmission is secured using the SSL (Secure Socket Layer) protocol, which is currently one of the most effective and widely used data security systems. SSL ensures that the data exchanged between the User's computer and the TRAMONTANE website cannot be read by third parties. During such a transaction, TRAMONTANE never stores the bank card number; it is simply transmitted to the reservation systems ("GDS") used by TRAMONTANE, which use it to record the reservation.

When the User validates an order, we do not retain any specific information regarding the payment method, only the payment method used (credit/debit card, PayPal, Oyst).

The User is informed that any unauthorised access or attempted unauthorised access to a computer system, by any means whatsoever, constitutes an offence punishable under Articles 323-1 to 323-7 of the French Criminal Code.

User Rights – Contacting TRAMONTANE

By using the Site, the User accepts that Personal Data may be collected and processed in accordance with this policy.

In accordance with the provisions of the European General Data Protection Regulation (GDPR), Users whose Personal Data has been provided to TRAMONTANE have the right to access, rectify and delete their Personal Data through their customer account at the following address:

MY PERSONAL DATA

Intellectual Property

Article 7: All logos, names and trademarks identified on our website belong to their respective owners.

Jurisdiction

Article 8: These general terms and conditions of sale are governed, both in their interpretation and execution, by French law. In the event of a dispute, the customer shall first contact PHENIX AIRSOFT / TRAMONTANE in order to seek an amicable solution. If no agreement can be reached between the two parties, the customer may contact a mediator:

All disputes relating to the formation, performance and termination of contractual obligations between the parties that cannot be resolved amicably shall be brought before either the territorially competent court pursuant to the French Code of Civil Procedure or the court of the place where the customer was residing at the time the contract was concluded or when the event giving rise to the dispute occurred.