Terms and Conditions of Website Usage
By entering and / or using this website, the user admits having read and understood these General Terms and Conditions and the Privacy Policies, agrees with them and comply with all applicable laws and regulations which are part of the Colombian legislation.
In case the user does not agree with them, he must leave the site and refrain from using it.
These Terms and Conditions and the Privacy Policies are subjected to change without prior notice at any time, at the sole discretion of Phax, and from the date of modification these modifications will become effective. In the event that one or more provisions contained in these Terms and Conditions are considered null, illegal or ineffective in any respect, the rest of the provisions will not be affected or annulled.
Phax recommends you read carefully these delivery conditions before placing an order for products in our online store:
- Delivery Conditions Scope of Applicability: These Terms of delivery 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 terms established by the company. In the event that you show disagreement with any of these conditions, you must write it down. Phax will decide the compliance of your statement, and in any case, will ensure you to provide an excellent service.
- Offers, prices and expenditures: The offers and promotions contained in our website do not bind Phax. Phax reserves the right to any involuntary errors in the transcription, mistakes in the description of promotions and offers and in any type of declaration. manifested 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 will be variations in the product related to shades, dimensions and other minor features, so Phax is not responsible for these variations and deviations.
The prices of the products marketed through our website are expressed in Colombian pesos and include the value added tax (VAT). Phax reserves the right to modify the prices and description of offers, as well as to cancel the promotional events when it is arranged. It may happen that the offers and promotions in the virtual store do not coincide with the offers and promotions in Phax physical stores, so Phax reserves the right to establish the conditions of its applicability and determine the target audience according to its commercial promotional strategies. Phax delivers the product to the transporter one business day after your payment is confirmed, delivering it to most municipalities in Colombia and using Coordinadora’s shipping service.
The delivery times vary according to your location, weather conditions and roads. Therefore, the following delivery times are defined, all counted from the next business day after your payment is confirmed.
For deliveries in Medellín, neighboring municipalities and major cities, the process will take from 3 to 5 business day. For deliveries in intermediate cities, municipalities and other populations of the Colombian territory, there is an estimated delivery time between 5 and 10 business days. However, these delivery times may vary according to weather conditions that affect the normal operation of our courier company, exonerating Phax from liability regarding the commitments established for delivery. A shipping fee will be generated at checkout, which the user will fully assume.
- Contract formalization: you must be a consumer and not a distributor, to place an order on our website. You must be over 18 years of age, credit or debit card availability and a physical address for delivery of the product in Colombian national territory.
The sale contract will be considered as existing only from the moment that Phax confirms the order by email, since the order that you have made will be understood as a mere offer for the sale contract. You can cancel the offer as long as Phax has not sent the confirmation of your order to the email you previously informed.
Your offer will be subjected to verification by Phax, determining availability of inventory, 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 the circumstances that lead to it, since Phax is not obliged to accept an order. You must make sure to complete the process of payment of your product for the verification of the transaction by Phax and after the delivery of the goods.
- Delivery: The delivery process of your order will be made at the address you provided within the Colombian territory. 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 case you require us to deliver your product in a different destination than you initially informed us to carry out the delivery process, Phax retains the right to charge for shipping costs that could be caused.
Likewise, it is important that you bear in mind that the delivery times are merely indicative, so they are not considered as periods of time limits in the strict sense for the cancellation of a delivery and for the resolution of the purchase sale contract.
The mere fact of exceeding the time provided by Phax for the delivery of your order will not entitle you to demand any type of compensation; however, you will be entitled to send an express notice of default regarding the delivery of your order to Phax. Phax will study and verify your case in order to guarantee a good service and optimize the response times.
- Delivery issues: The problems in the delivery process may be presented before or after the conclusion of the purchase sale contract or the confirmation of your order or offer by Phax.
- Before your order or offer confirmation: If during the order or offer verification, Phax evidences that it would not be possible to comply with the delivery due to lack of availability, disagreements regarding description of offers or promotions or any other circumstance of its competence, Phax, within the same period of time defined for the confirmation of your order, may offer you a similar 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 Phax does not obtain a confirmation from your part in the next 3 working days, counted from the proposal of the substitute product, Phax will consider your offer as canceled. Similarly, the order that does not comply with the requirements established in the platform of our online store, it will be understood as canceled as well.
- After your purchase confirmation and in case you had already made the payment: If due to any circumstance of force majeure or fortuitous event, Phax could not comply with the delivery process under the agreed terms and conditions, Phax must inform you immediately of the reasons that make it impossible to comply with the obligations arising from the purchase contract, being obliged in addition to reimburse the value you have paid within 3 to 8 business days after the business day following the notification of contract expiration by Phax. Once the reimbursement of the value has been made, the sale contract will be considered resolved, and therefore, Phax will be exempt from any other type of compensation that you may intend to request.
- Payment Information - Electronic invoicing: You can pay for your purchase using the PSE button available in our virtual store. When you purchase in our virtual store, implicitly, freely and voluntarily, you agree to pay electronic invoices in the form and terms. Likewise, you are authorizing COMERCIALIZADORA PHAX SA, so that from the date, it publishes the invoice for the items purchased by the company mentioned as an acquirer in this document as in compliance with legal regulations, give the treatment to your personal data ensuring security and privacy of the information.
Once the transaction is completed using the PSE button, the system will automatically send a successful transaction notification to the email that you previously registered, indicating the values paid and the details of the purchased products, as well as the data recorded for the transaction delivery. Regarding sending sales invoice, a record will be made that you accept that COMERCIALIZADORA PHAX S.A. make immediate delivery by electronic means, exempting physical shipment from this way. It is important to highlight that the issued invoice document complies with the requirements established by the DIAN regarding its regulation and operation. 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 to be completed with the confirmation of "message read" of the electronic mail by means of which the sales invoice was sent.
- Reservation of Ownership: The products sold through our virtual store are owned by Phax until you have made the payment of the obligations arising from the purchase agreement.
- Applicable law: Colombian law will be applicable.