Terms and Conditions of Sale
1. Seller identification
The website phlame.live is operated by PHLAME, a simplified joint-stock company (SAS) with share capital of €1,000, whose registered office is at 47 rue Vivienne, 75002 Paris, France, registered with the Paris Trade and Companies Register (RCS) under number 107 391 260 (SIRET 107 391 260 00018). Intra-community VAT number: FR29107391260.
Email: societe@phlame.live. Telephone: +33 7 67 07 03 85.
These terms and conditions of sale govern all sales concluded on the phlame.live website. Placing an order implies full and unreserved acceptance of these terms.
2. Products
PHLAME offers for sale scented candles, gift boxes, diffusers, essential oils, room sprays and accessories (refills, reed sticks, presentation boxes, dyes).
Products are presented as accurately as possible. However, slight differences may exist, in particular due to artisanal production or the way colours are displayed on screens. Photographs are not contractually binding.
3. Prices
Prices are shown in euros (€), inclusive of all taxes (VAT included), excluding delivery charges. Delivery charges are shown before the order is confirmed.
For deliveries outside the European Union, customs duties and import taxes may be charged by the destination country. These are not included in the price and are payable by the recipient.
PHLAME reserves the right to change its prices at any time; products are invoiced at the price in force when the order is confirmed.
4. Orders
Confirming an order forms a distance contract between the customer and PHLAME. The customer then receives a confirmation email summarising the order.
PHLAME reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to payment for a previous order.
5. Payment
Payment is due immediately when the order is placed. The following payment methods are accepted: bank card (Cartes Bancaires, Visa, Mastercard, American Express), Apple Pay, PayPal and Shop Pay.
Payments are processed securely by Shopify's payment providers; PHLAME never has access to card details.
6. Delivery
Products are delivered to the address or pick-up point specified when ordering, within the areas served. Orders are shipped within 5 working days of payment being confirmed. Estimated delivery times, counted from that confirmation, are as follows:
- Mainland France, pick-up point and Standard: 3 to 10 working days;
- Mainland France, Express: 2 to 7 working days;
- European Union: 5 to 15 working days;
- International: 7 to 20 working days, excluding customs clearance.
Delivery methods, rates and conditions are detailed on the "Delivery Policy" page and shown again before the order is confirmed.
In the event of a delay, the customer may contact us at societe@phlame.live. If delivery does not take place within the stated time, the customer may, after formally requesting us to deliver within a reasonable additional period, terminate the contract under the conditions set out in Articles L216-6 et seq. of the French Consumer Code.
7. Right of withdrawal
The customer has 30 days from receipt of their order to exercise their right of withdrawal, without having to give any reason. This period is more favourable than the 14-day legal period provided for in Articles L221-18 et seq. of the French Consumer Code.
To exercise this right, the customer informs us of their decision by means of an unequivocal statement sent to societe@phlame.live. They may use the withdrawal form at the end of these terms, although this is not compulsory. They must then return the products within 14 days of communicating their decision.
Products must be returned complete and in their original packaging. Return costs are borne by the customer, except in the event of an error by PHLAME or a defective product.
Legal exceptions (Article L221-28 of the French Consumer Code). The right of withdrawal cannot be exercised for:
- goods made to the customer's specifications or clearly personalised, in particular gift boxes made to order via the "Build your gift box" page;
- goods unsealed after delivery which cannot be returned for reasons of hygiene or health protection, in particular sprays, diffusers, essential oils and refills whose bottle has been opened.
In addition, the customer is liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature and characteristics (Article L221-23). A candle whose wick has been lit may therefore be subject to a refund reduced in proportion to this loss of value.
These exceptions do not apply to defective, damaged or non-conforming products, which are covered by the legal guarantees (Article 9).
8. Refunds
In the event of withdrawal, PHLAME will refund all sums paid, including the initial delivery charges (up to the cost of the least expensive standard delivery method offered), no later than 14 days from the date on which it is informed of the customer's decision. The refund may be withheld until the products have been received back or until the customer has supplied proof of dispatch, whichever is earlier.
The refund is made using the same payment method as that used for the order, unless the customer expressly agrees to another method.
9. Legal guarantees
All products benefit from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code), valid for two years from delivery, and from the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code). In the event of a defective, damaged or non-conforming product, the customer contacts us at societe@phlame.live with a supporting photo, and we will replace or refund the product, return costs included.
10. Liability
PHLAME cannot be held liable for damage resulting from use of the products that does not comply with the recommendations on their packaging, in particular the candle safety instructions.
11. Personal data
The information collected when an order is placed is necessary for its processing and delivery. It is processed in accordance with our privacy policy, available on the website.
12. Intellectual property
All elements of the website (texts, images, logo, design) are the exclusive property of PHLAME. Any reproduction or use without permission is prohibited.
13. Complaints
For any complaint, the customer can contact PHLAME by email at societe@phlame.live or by telephone on +33 7 67 07 03 85. We undertake to seek an amicable solution with them.
14. Governing law
These terms and conditions of sale are governed by French law. Failing an amicable resolution, the dispute may be brought before the competent courts.
Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of PHLAME, 48 rue Georges Clemenceau, 49300 Cholet, France, societe@phlame.live:
I hereby give notice that I withdraw from the contract for the sale of the goods below:
- Ordered on / received on:
- Order number:
- Name of consumer:
- Address of consumer:
- Date:
- Signature (only if sent on paper):