General Terms & Conditions
1. General
These General Terms and Conditions apply to all accounts and all orders placed by consumers at Phil&Phae. Please read them carefully before placing an order. We may modify the terms and conditions from time to time. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. To wholesale (business-to-business) orders, other conditions apply. If you have any questions, please don't hesitate to contact us at service@philandphae.com
Phil&Phae is designed and distributed by Anothermay BV
VAT-number: NL855585250B01
CoC: 64250296
IBAN: NL.8555.85.250.B01 / BIC: INGBNL2A
Mailing address: Beemsterweg 20 A, 1311 XC Almere, NETHERLANDS
2. Orders
Once an order has been placed and payment is received, orders are usually shipped within 1-2 working days, unless indicated otherwise. We strive to keep the webshop stock updated. However, in case a product is no longer available we will contact the consumer as soon as possible and the purchase price will be refunded as soon as possible. When an order is not shipped within 2 weeks after payment, the customer has the right to cancel that order. This is not possible, however, if the parties involved have previously agreed to a different delivery term.
We reserve the right to (partially or fully) cancel an order, for example when product(s) appear non-deliverable or when abuse is expected (for example in case of a suspicious creditcard transaction or a history of excessive returns).
3. Prices and payment
All prices indicated on Phil&Phae’s consumer webshop are in Euro and include value added tax where applicable. We offer a choice of safe electronic payment options such as iDeal, Sofort banking, Credit Card, PayPal or bank transfer. Shipment of the order will take place once the payment is received.
Customer is responsible for proving a correct delivery address including correct addressee name / company name. Any risk or additional costs that occur due to wrongly provided or incomplete address details are for customer's account.
4. Delivery
Delivery times are indicative and therefore not guaranteed. Orders are usually shipped within 1-2 working days after the payment has been received, and shipping date will not exceed more than two weeks, excepting cases of 'force majeure'. Anothermay BV / Phil&Phae cannot be held responsible in case orders can not be delivered to the consumer in time or in case orders are delayed at customs.
In case a parcel cannot be delivered due to an incorrect address (provided wrongly by the customer) or in case the parcel is not collected by the customer at the pick-up-location after failed attempts to deliver at home, the costs for re-sending the parcel will be charged to you. In case you decide to cancel the order, the actual shipping costs made will be considered as costs for returning the parcel and will be deducted from the return payment.
5. Transfer of ownership
Ownership of merchandise will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership, which is at the point of delivery of the articles, product liability is transferred to the purchaser.
6. Returns
Return period and refund terms
Anothermay BV / Phil&Phae gives consumers 30 days to return their purchases (excluding products purchased with discount), counted from the day of delivery of the goods. To make use of this 30-days-return service, the consumer must inform their wish to return the item(s) by sending an email to service@philandphae.com and follow the return instructions provided by Anothermay BV / Phil&Phae.
Consumer is always responsible for the risk and cost of returning the goods. Shipping costs will not be reimbursed. If the return instructions of the 30-days-return service have been followed and the returns have been returned to Anothermay BV / Phil&Phae within 30 days, then Anothermay BV / Phil&Phae will refund the consumer for the returned article(s), usually within 7 days after receiving the returned goods, using the same payment method as the consumer used to pay for the order.
In case free shipping applied to your order, and the total order amount after returns will be lower than the minimum order amount eligible for free shipping, the shipping costs will be deducted from the return payment.
If a gift with purchase was sent along with the order, and in the case that after returns the order no longer meets the requirements to receive the gift-with-purchase, then the gift should also be sent back along with the returns. If the gift is not returned, the retail price of the gift will be deducted from the return payment.
For products purchased with discount, the legal 14-days right of withdrawal applies.
The goods returned have to be undamaged, unwashed and unused, with all labeling intact. In case of damages or traces of use, we have the right to deduct any impairment of value from the refund. This impairment could be up to 100% of purchase value.
If identical products are purchased in different orders, and one of them is returned, then the lowest price version is considered as returned. (For example: when a product is purchased at full price, and later the same product is purchased again with a discount, the discounted price will be refunded in case one of the two identical products will be returned).
In case consumer does not wish to follow the 30-days-return terms and instructions, then consumer can also use his/her legal 14-days right of withdrawal: the right to cancel an order in full within 14 days after delivery of the goods, by an unambiguous statement (using a model form for withdrawal) in which you inform us you want to use your right to recall. The order must then be returned to Anothermay BV / Phil&Phae within 14 calendar days. In case you cancel an order in full following these legal procedure and terms, then you will be refunded the full purchase price (including any EU shipping charges, when applicable). Shipping costs for returning the goods to Anothermay BV / Phil&Phae are never reimbursed.
In case of international returns, any import duties or (customs) administration costs charged that may be charged for the import of returned goods will be deducted from the return payment. To avoid such costs, we advice to always add your original invoice to the return shipment and clearly write on the packing slip / CN-form that the shipment contains returned goods only.
Late or missing return parcels
When goods are returned too late (outside the return period) we have the right to reject the returns. Or, from lenciency, we may choose to still accept the return in exchange for shop credit. New items purchased with such shop credit are not eligible for return right.
When consumer can proof to us that the returns were shipped timely, but arrive with us late because of delays at the post, these will still be accepted. However, return payments are never made before the returned goods have arrived. Parcels that are in transit for more than 4 weeks will be considered missing. In case a parcel gets lost, consumer shall claim not with us, but with the party used to ship the returns back to us.
Goods excluded from return right
For hygiene reasons, intimate products such as underwear, socks and tights can only be returned if they are unused and in their unopened, original carton. Swimsuits and shorts can only be returned when the hygiene sticker is still in place. Gift cards and gift wrapping are personalized and/or a service performed and can therefore not be returned.
7. Queries, complaints and warranty
In the case of queries or complaints concerning any of our products or procedures, please inform us by email service@philandphae.com. You will receive a reply within 1-3 working days.
Defects must be reported to us soonest after your order was delivered (but within 5 calendar days) via service@philandphae.com, and if possible, provide us pictures of the defect. We will exchange the item or offer you to return it for a refund.
Does a garment show defects after use (which could not have been seen upon delivery)? We offer a three-month warranty. Warranty does not cover a normal use degree of wear and tear, stains caused by storing / drying in sunlight, normal degrees of shrinkage (up to 5% for cotton, or more when mentioned in the carelabel and website), or defects that were caused by heavy use. Warranty expires when clothes have been amended or not used as intended, or when the instructions on the wash & care label were not followed correctly.
8. Privacy
It is important to Anothermay BV / Phil&Phae to ensure that all of the consumer’s personal information is treated with the utmost care and security. Anothermay BV / Phil&Phae will not sell the consumer’s personal information to third parties. If the consumer subscribes to our newsletter or RSS, their personal details will be used to keep them informed of changes to our assortment, special offers, website improvements and other relevant information pertaining to Phil&Phae. Use of cookies and records of website visits are kept for statistical purpose. Information concerning the amount of visitors and visitor frequency to our website will be used for internal research and website improvement. Cookies other than essential cookies and functional cookies will only be placed if you have agreed to that when entering our website. When making a purchase and/or when creating an account with us, entered personal data and order data may be used for analytic and marketing purposes i.a. Please see our Privacy statement to read more about this use of data and how you can change settings.
9. Liability
All articles in the assortment of Phil&Phae have been designed and produced with utmost care. Anothermay BV / Phil&Phae cannot accept any liability for damages in any form whatsoever, either physical, material or immaterial, that can be caused by malfunctioning or wrong use of the articles sold by Phil&Phae and/or materials or accessories becoming undone.
The content of the website has been compiled with great care. However, Anothermay BV / Phil&Phae cannot preclude the possibility of any error or incompleteness in the information on this website and cannot be held liable for the consequences of incorrect or incomplete information on the website, nor for any typing or misprinting errors that could communicate an incorrect selling price. The actual colour of products or the placement of prints or decorations on products may differ from the colours shown on the computer screens. Certain links on the website can give access to websites and information that is being exploited and maintained by third parties. Anothermay BV / Phil&Phae does not control these sites and it not responsible for the content of these sites.
10. Force Majeure
Despite any other established legal rights, Anothermay BV / Phil&Phae is allowed to cancel your order, or cancel the purchase agreement without legal intervention, by informing the client in writing. Client is not entitled to compensation, unless given the circumstances this would be unacceptable according to measures of reason and fairness.
11. Copyright
All information and images on this website is protected by copyright. It is illegal to copy, use or distribute any information or images from the Phil&Phae website without first acquiring written permission of the respective owner of that content. None of the text or graphics from Phil&Phae websites may be partially or wholly copied or publicly used for printing, photocopying, faxing, overtyping, in an electronic database, or for any other reproduction purposes. Unless it is solely for your own personal use. All rights, including copyrights, remain with Anothermay BV / Phil&Phae. Any use of this website or its contents, including copying or other than for your own personal, non-commercial use, is prohibited without our permission.
12. Acceptance of General Terms and Conditions
All website users are required to be aware of these General Terms and Conditions. When placing an order and/or creating an account with Phil&Phae, the consumer agrees to all of our General Terms and Conditions, including our Privacy statement.
Latest version: Thursday 25 April 2024
