Terms & Conditions

By entering and/or using this site, you agree to have read and understood these General Terms and Conditions and Privacy Policies and agree to them and comply with all applicable laws and regulations that are part of Colombian law.

In case the user does not agree with them, he must leave the site and refrain from using it.

These Terms and Conditions and Privacy Policies are subject to change without notice at any time, under Phax's sole will, and as of the date of modification such modifications will take effect. In the event that one or more provisions contained in these Terms and Conditions are held to be void, illegal or ineffective in any respect, the remaining provisions shall not be affected or voided.

Phax recommends that you carefully read these delivery conditions before placing a product order in our online store:

WEBSITE TERMS AND CONDITION

Through these Terms and Conditions, the company PHAX BRANDS CORPORATION SAS (hereinafter "PHAX"), in its capacity as owner of the electronic commerce platform (hereinafter the "platform") available at: www.phax.com.co, makes available explanatory information about the platform and the regulations for its use and access.

By entering and / or using this site, the user admits having read and understood these General Terms and Conditions and the Privacy Policies and agrees with them and complies with all applicable laws and regulations that are part of Colombian legislation.

In the event that the user does not agree with them, they must leave the site and refrain from using it.

For the purposes of the information contained in these Terms and Conditions, "Users" means the persons who create a username and password to generate transactions through the platform, by their own means. However, the above, at the beginning, users are the buyers of PHAX brand products, which can be as a means to buy products on the virtual platform that PHAX has made available to them.

The use of the platform requires the prior acceptance of these Terms and Conditions, as well as the acceptance of the Privacy Policy and the Personal Data Processing Policy, which is published at: www.phax.com.co, these texts are necessary for normal platform operation. Acceptance through the "I ACCEPT" button constitutes an express and unequivocal expression of knowledge, understanding and total approval of the previous provisions.

These Terms and Conditions and the Privacy Policies are subject to change without prior notice at any time, under the sole will of PHAX, and as of the modification date, said modifications will take effect. In the event that one or more provisions contained in these Terms and Conditions are considered null, illegal or ineffective in any aspect, the rest of the provisions will not be affected or canceled.

The platform is a space provided by PHAX to consult and learn about the brand's products, so that users can obtain them through a remote sale through the platform. In this sense, the user agrees to use the contents in a diligent, correct and legal manner, in particular, he / she agrees not to perform the behaviors described below:

• Use the contents of the platform in a way, or for uses or effects contrary to the law, morality and generally accepted good practices, or public order.         

• Reproduce, copy, represent, publish, use, distribute, transform or modify the contents of the platform, or in any other way, carry out acts of disposition or exploitation of the contents, by any procedure or on any medium, totally or partial .         

• Delete, evade or manipulate the "copyright" and other data of intellectual property rights of PHAX or its owners, incorporated in the content, as well as the technical protection devices or any information mechanism that the platform may contain.         

• Use the contents and, in particular, the information of any kind obtained through the platform or the products to distribute, transmit, send, modify, reject or report the advertising or the contents of the platform with direct sales purposes or with any other type of commercial objectives, as well as refraining from commercializing or disclosing in any way said information and the same products that are available to the user within the Platform. Consequently, the user can download the material published here, on paper or in digital format, only for personal purposes and with the citation of the source.         

• Use the platform and the products offered on it, for purposes or illicit effects, contrary to the provisions of these Terms and Conditions, detrimental to current regulations, the rights of PHAX or third parties. Likewise, any use that may damage, overload or damage the Platform, or prevent the normal use or enjoyment of it by Users is prohibited. To the detriment of the rights of PHAX and interests of third parties or PHAX, or in any way may damage, disable, overload or damage the platform and the sale of the products of the PHAX brands or prevent the normal use or enjoyment of the platform and the sale of products by users.         

• Use fraudulent information, pass for identity, provide false or altered information to complete and create your username and password to buy products through the PHAX platform.         

PHAX recommends that you read these delivery conditions carefully before placing an order for products in our online store:

- Scope of applicability delivery conditions: These delivery conditions apply to all contracts and transactions related to the marketing of PHAX products through our website. It is important that you bear in mind that when you place an order for any of our products through our virtual platform or any of the applications directly connected to our website www.phax.com.co, you are implicitly accepting the delivery conditions established by the company. In the event that you show dissatisfaction with any of these conditions, you must state it in writing, PHAX will decide the conformity of its pronouncement, and in any case, it will ensure to provide you with an excellent service.

- Offers, prices and expenses: The offers and promotions contained in our website do not bind PHAX, for which PHAX reserves the right to make any involuntary errors in the transcription, errors in the description of promotions and offers and in any type of declaration stated on our website. When placing an order, it is important that you bear in mind that due to the different technologies applied to the images of the products marketed through our website and other connected applications, it is possible that there may be variations in the product related to shades, dimensions and other minor characteristics, so PHAX is not responsible for these variations and deviations. PHAX reserves the right to modify prices and description of offers, as well as to cancel promotional events when it so decides. It may happen that the offers and promotions in the virtual store do not coincide with the current offers and promotions in the physical PHAX stores, so PHAX reserves the right to establish the conditions of its applicability and determine the target audience according to its strategy promotional commercials .

- Shipping costs will be billed, where applicable, separately and will be specified and added to the total order amount. PHAX delivers the product to the carrier one business day after your payment is confirmed, delivering in most of the municipalities of Colombia and using the carrier's service in its coverage area. Delivery times vary according to your location, the state of the weather and the roads, therefore, the following delivery times are defined, all counted from the next business day after your payment is confirmed: For deliveries inside continental USA process will take between to business days ; For deliveries to other countries is required to check availability and specific conditions given for carrier service; However, these delivery times may vary according to weather conditions that affect the normal operation of our courier company, exonerating PHAX from liability for the commitments established for delivery. At the time of making your purchase, the shipping cost is generated, which you must assume in full. 

- Formalization of the contract: To place an order on our website you must be a consumer and not a distributor, or legal age according to your country regulations , availability of a credit or debit card and a physical address for delivery of the product. The sales contract will be considered as existing only from the moment PHAX confirms the order by email, since the order you have placed will be understood as a mere offer for the sales contract. You can cancel the offer as long as PHAX has not sent you the confirmation of your order to the email that you have previously informed. Your offer will be subject to verification by PHAX, determining inventory availability, terms and other conditions established by the Company for the configuration of the sales contract. PHAX reserves the right to verify an order or to reject it without having to state the reasons or circumstances leading to it, since PHAX is not obliged to accept an order. You must make sure to complete the payment process for your product for verification of the transaction by PHAX and subsequently for the delivery of the good.

- National Delivery: The delivery process of your order will be carried out at the address of the property provided by you. Deliveries will be made on business days from Monday to Saturday, except holidays. Once your order has been delivered to the address you informed us, you will receive an email confirming the delivery made and providing the dispatch guide number. In the event that, by express request, you require us to deliver your product to a destination other than the one you initially informed us to carry out the delivery process, PHAX reserves the right to charge for the shipping costs that come to be caused. Likewise, it is important that you bear in mind that delivery times are merely indicative, so they are not considered as time limits in the strict sense for the cancellation of a delivery and for the resolution of the purchase and sale contract. The mere fact of exceeding the time provided by PHAX for the completion of the delivery of your order will not entitle you to demand any type of compensation; however, you will be empowered to send PHAX an express notification of non-compliance in relation to the delivery process of your order. PHAX will proceed with its study and verification in order to guarantee a good service and optimize response times.

- In international shipments, PHAX delivers your order to the exact address you provided for these purposes, worldwide, except in Russia and Venezuela, that is, internationally. PHAX can only deliver to an exact address that corresponds to the User's address or their workplace. Deliveries are made on business days, except weekends and holidays. All deliveries will be accompanied by an acknowledgment of receipt that is included in the invoice that is delivered to the User with the shipment of the order.

- Problems with delivery: Problems in the delivery process may arise before or after the conclusion of the purchase-sale contract or the confirmation of your order or offer by PHAX.

- Before confirming your order or offer: If during the verification of your order or offer, PHAX shows that it would not be possible to fulfill the delivery due to the lack of product availability, non-conformities regarding the description of offers or promotions, and in general to any circumstance of its competence, PHAX, within the same period of time defined for the confirmation of your order, may offer you an equivalent substitute product in terms of quality, price and function; However, it is clear that you will not be obliged to accept this substitute product, so if you do not obtain a confirmation from you in the next 3 business days from the proposal of the substitute product, PHAX will have your order or offer. In the same way, an order that does not meet the requirements established in the virtual store platform for the generation of a successful order or offer will be understood to be canceled and not made.

- After the confirmation of your purchase order and in the event that you have already made the payment: If due to any circumstance of force majeure or fortuitous event, PHAX could not comply with the delivery process in the agreed terms and conditions, PHAX must immediately inform you of the reasons that make it impossible to comply with the obligations emanating from the contract of sale, being obliged in addition to reimburse you the amount you have paid within the following 15 to 30 business days counted from the business day following the notification of resolution of the contract by PHAX. Once the refund of the amount that you would have paid in full has been made, the purchase and sale contract will be considered terminated, and therefore, PHAX will be exonerated from any other type of compensation that you intend to request.

- Information for Payment - Electronic invoicing: You can pay for your purchase through the options enabled in the transactional portal available in our virtual store. At the moment you make a purchase in our virtual store, implicitly and freely, voluntarily and with consent, you are agreeing to pay the electronic invoices in the respective form and deadlines, and likewise, you are authorizing PHAX BRANDS CORPORATION SAS., So that as of the date, it publishes the invoice for the sale of items purchased by the company that is mentioned as the acquirer in this document since, in compliance with legal regulations, it will treat your personal data guaranteeing security and information privacy. Once the transaction is completed through the transactional portal, the system will automatically report to the email that you have previously registered a successful transaction notification where the values ​​paid and the details of the products purchased will be indicated in detail, as well as the data registered for the delivery. Now, regarding the sending of the sales invoice, it is stated that you accept that PHAX BRANDS CORPORATION SAS make the immediate shipment by electronic means, thus exempting it from its physical shipment. For the correct sending of the invoice by electronic means, you acknowledge and accept that it will be your entire responsibility to enable and inform us of an email account required for this procedure. For all legal purposes, the acceptance process of the sales invoice will be understood as supplied with the confirmation of "message read" from the email through which the sales invoice was sent.

- Care instructions. PHAX wishes to draw the User's attention to the importance of the washing and care instructions on the product labels. PHAX will not be liable for any damage resulting from the incorrect use or handling of the products, including the use of incorrect care methods, in accordance with the instructions on the product labels.

- Security. PHAX has the highest security parameters commercially available in the industry. In addition, the payment process works on secure servers using protocols. The secure server establishes a connection for the information in an encrypted manner, ensuring that it is only intelligible by the Client's computer and platform. In this way, the use of the protocol guarantees:

• That the User is communicating their data directly to the PHAX server and no other person who tries to go through the latter.         

• That between the User and the PHAX server the data is transmitted encrypted, avoiding its possible reading or devices by third parties. Similarly, PHAX does not have access to confidential data about the means of payment used by the User within the payment platform used and, therefore, does not store them either.         

Therefore, it is clear that while the User navigates within the platform, these Terms and Conditions will apply, as well as the Privacy Policy and the PHAX Personal Data Processing Policy. When the User makes the payment on the established payment platforms, he must take into account the Terms and Conditions and the Privacy Policy of those payment platforms and not of PHAX.

- Domain reservation: The products sold through our virtual store are the property of PHAX until you have made the payment of the obligations arising from the purchase and sale contract.

- Applicable law: The Terms and Conditions, as well as any other contractual derivative document of the platform, will be governed by the laws of the Republic of Colombia . In the event of any dispute that may arise with the Users in their relationship with the platform, this must be resolved by the Colombian judicial authorities and conflict resolution mechanisms, such as conciliation. The content of the platform and these Terms and Conditions responded in a comprehensive manner to the obligation to provide valid, sufficient, accurate, timely and adequate information about the services offered as an electronic commerce platform, always under the specific limits of the object, nature . and its operation. If you are interested in submitting petitions, complaints and claims, send an email to the address ola@phax.com.co, clearly indicating ( ) your full name, (ii) identification number, (iii)) facts that justify the request , complaint or claim, (iv) other aspects that are relevant to give an effective response to the exercise of your rights and (v) other elements requested by the person on the contact portal who received your inquiries.

Return Policies

- Right of Withdrawal: In consideration of the terms and conditions of delivery provided, and in compliance with the regulatory standards that are applicable to it, the product return process may be carried out taking into account the following return policies defined by the Company and protected by current regulations: a) The return request must be notified to PHAX within thirty (30) days following receipt of the product. To request a return, the customer must contact the customer service line number +57 310 460 30 58, or by email ola@phax.com.co. b) The products must be sent, unused and keeping the original labels and packaging with which, they were delivered. c) The customer must return the product by the same means and in the same conditions in which it was received. The transport costs and the others that the return of the good entails will be covered by the client. In the event of a valid return in accordance with these return policies, and consequently, use of the power of withdrawal is made, PHAX must refund the purchase price that the customer has paid for the returned product, within ten days following the receipt of the product or the cancellation of the contract. However, the refund process for the amount paid may take up to 30 calendar days from the moment the client exercised the right of withdrawal, since, in the case of payment by credit card, the financial institution may take longer to apply the refund to your account. If it is found that, despite the requirements duly informed to the client for the configuration of the right of withdrawal, PHAX finds that the product was not returned in the same condition in which it was delivered, or that it has been damaged by an act or omission attributable to the client, PHAX will be empowered to refrain from recognizing the right of withdrawal requested by the client.

- Disclaimer: PHAX will be exonerated from any responsibility for any damage or variation that the product may suffer derived from an event or circumstance caused by force majeure or unforeseeable circumstances, that there has been an improper use of the property by the client, ignoring the labeling instructions regarding the use and care of the product, or that by actions of a third party damage to the product may have been caused.

- Returns Policy: You can return your PHAX purchase made in our online store, within 30 days from the date of receipt of the package and we will refund the full price. If the return is made outside this period or the item has been used, damaged or is not sent in its original packaging, PHAX will not be able to accept the return and will not be able to refund the payment. Clothing returns will only be accepted if the original labeling has not been removed. It is important that when you make the return you consider all the products of the same order that you want to return. In the event that you request a second return of the same order, PHAX reserves the right to accept or reject the second request.

- Exchange Policy: If you want to change a product, you must return your purchase requesting a refund and place a new order. It is only possible to receive a refund for a return if it is made according to our return policy. The refund of the purchase will be by depositing the amount to your bank account.

- Damaged or defective products: For PHAX, the excellent quality of its products is one of the decisive factors for the customer when making a purchase. For this reason, all our production and manufacturing efforts are focused on offering products of the highest quality, ensuring the loyalty of our customers.

Once the damaged or defective product is received, the PHAX quality control department must review it to identify the cause of the return and the damage caused to the product, finding that if this is the result of a manufacturing defect, the amount will be refunded. total paid by the client; but, if it is found that the product damage is a consequence of the returned products; If the damage is a consequence of the lack of care and misuse of the garment or due to a fact generated by force majeure or fortuitous event, PHAX will refrain from reimbursing what was initially paid for the product, and will return the good purchased under the same conditions in which you received it to be reviewed in terms of quality. PHAX refrains from reimbursing the money paid for the products purchased in the following events:

. If the products have been purchased through any distribution and / or marketing channel other than our virtual store www.phax.com.co.

b. If products show damage caused by misuse or negligence (exposure to chemicals, caustic substances, open flame source, high heat, sharp objects, etc.)

c. If the products show damage caused by improper use or by neglecting the washing instructions contained on the labels attached to the product that contain information on fabric care.