The present terms and conditions are an agreement between for one part the Philomena + Ruth (hereinafter www.philomenaandruth.com) which is headquartered at 118 W. Mill Street, Waterloo, IL 62298.
These general conditions of sale of the company www.philomenaandruth.com define the rights and obligations of the parties in connection with the sale of products by www.philomenaandruth.com to the customers of the site, presently.
The Terms represent all obligations of the parties.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other conditions, including those applicable to in-store sales.
Philomena + Ruth reserves the right to adapt or modify at any time the present conditions.
If modified, it will be applied to each order conditions prevailing at the date of the order.
If a condition is found to be lacking, it would be deemed to be governed by the procedures in force in the area of distance selling, in accordance with French law alone will be applicable.
The Customer must be:
- Either a physical person of at least 18 years of age and have full legal capacity.
- Either a physical person less than 18 years of age and be emancipated.
2.Products & Availability
Philomena + Ruth offers the sale of ready to wear items, designer items and fashion accessories.
Product offerings and prices are valid as long as they are visible on the website, and until the stock has run out.
Philomena + Ruth does not guarantee in any way the availability of the products for sale during a precise period. www.philomenaandruth.com commits to notify by email or telephone all customers who have placed an order of any unavailable product.
In no way can the Customer engage the responsibility of Philomena + Ruth assuming he/she would validate the order of an unavailable product.
In case of debit of the amount of the order regarding an unavailable product, Philomena + Ruth commits to, within 30 days, according to the Customers’ choice, either reimburse the Customer, or issue a credit of the amount of the order.
In case of unavailable product of one of the products of an order composed of several products, Philomena + Ruth would send the rest of the order.
3. Compliance of the Order
The products offered for sale are presented and detailed with the greatest possible precision. The information listed on each product page are those reported to Philomena + Ruth by the suppliers from which they are acquired.
However, the responsibility of Philomena + Ruth can not be held liable for errors or omissions in product descriptions. The photographs illustrating the products offered for sale are out of contract.
In case of non-compliance of the product delivered to the customer, it may be returned to Philomena + Ruth within a maximum period of 30 days and may request:
- Either to be delivered an identical product to the one ordered within the limits of available stock,
- Or be refunded the price of the product or service within 30 days of the request.
The cost of returning the nonconforming product and the possible delivery of another product will be borne by Philomena + Ruth.
These provisions do not deprive the customer of his right of withdrawal as guaranteed in Article 7.
4. Order & Payment
The Customer who wishes to buy one or several items from the website Philomena + Ruth must comply with the following processes:
- The Customer selects the product(s) that he/she wishes to purchase by clicking on the icon “Add to Cart”,
- The Customer, after having verified his/her selection (size, colour, price…), validates the choice of the products chosen by clicking on the icon “Confirm and order” ;
The Customer shall then:
- If he/she is already a customer at Philomena + Ruth: complete the form indicating only his/her email address and password that was used for the first order;
- If he/she is a new customer of Philomena + Ruth: complete the form indicating his/her name, surname, address, email address. A password will be requested. The Customer is free to modify the password.
- A summary of the command is indicated to the Customer as well as shipping fees. He/she must click of the icon “confirm order” to continue and agrees to fully and unreservedly accept all the present Terms and Conditions.
- The Customer then accesses a page where he/she must specify the delivery and billing address and his/her payment information. The Customer must click on the icon “pay by credit card” or “pay with Paypal” and fill out the secure payment form “Paypal” or “CIC” of his/her order.
The Customer confirms that he/she is fully authorized to use the credit card or Paypal account to pay for this order, and that such payment provides access to sufficient funds to cover all the costs of the services of Philomena + Ruth.
www.philomenaandruth.com assumes no responsibility for any dispute between the Customer and the companies “Paypal” and “CIC”.
As soon as the order is finalized, www.philomenaandruth.com will confirm the order to the Customer in a summarizing email.
The product’s price is displayed in USD and does not include sale tax. The price is valid as long as they are shown on the website.
The shipping costs of the Customer's order will be shown before the final confirmation of the order.
Failure of the Customer to respect these obligations under these Terms of Sale, including fraud or attempted fraud, and any incident of payment could result in the suspension of access to Philomena + Ruth without prejudice to any damages that could be sought by Philomena + Ruth. Philomena + Ruth reserves the right to refuse any order from a Customer with whom there is a dispute.
We currently ship to the United States.
Our products are shipped using USPS. Philomena + Ruth is not responsible for any damage that may be caused to the Customer due to the carrier service.
The Customer must fill in carefully all the fields of the delivery form, including his/her delivery address and include a landline or mobile phone number. Neither Philomena + Ruth, nor the courier or delivery person can be held liable for failure of delivery due to inaccuracy or error in the delivery address.
The shipping times indicated in the confirmation of the order are calculated in working days.
Pursuant to Article L. 114-1 of the Consumer Code, in case of delay of more than 7 days of delivery indicated on the order form for any reason other than force majeure (including strike), the Customer shall exercise this right by email and by letter with acknowledgement of receipt to the company Philomena + Ruth, 118 W. Mill Street, Waterloo, IL 62298 at the latest within 30 working days following the delivery date. The contract will be considered broken upon receipt of the letter if the product has not been delivered between the sending and receipt of the letter.
A refund will be made by any means of payment, as soon as possible and no later than within 30 days of receipt by Philomena + Ruth of the registered letter with acknowledgement of receipt for the cancellation of the order. The Customer shall not be entitled to any penalty or interest on arrears.
In case of failure to deliver on the day of appointment because of inadequate information, lack of access, or of passages not previously reported by the Customer or of the absence of the Customer in violation of commitments made at the contract, new delivery costs may be charged by Philomena + Ruth, who will contact the customer to pay for the new shipping before any re-delivery of the product. In case of non-payment of the fees, Philomena + Ruth reserves the right not to proceed with the delivery of the product. The risk of damage resulting from these constraints will also be borne by the Customer.
Except in cases of non-compliance or hidden defects, no claim and/or subsequent reservations may be made by Philomena + Ruth, after receipt of the Products by the Customer (without right of withdrawal).
7. Right of Withdrawal
Under the Article L 121-20 of the Consumer Code, the Customer has a right to withdraw and return the products purchased on the Philomena + Ruth site within 7 days from the date of delivery thereof (the date of the postmark).
The Customer's refund will be made by any means of payment within 30 days of receipt by Philomena + Ruth of the request for withdrawal and subject to returning the product.
The refund will include all sums paid by the Customer, ie the purchase price plus any shipping charges.
8. Limitations of Responsibility
The company Philomena + Ruth is subject to an obligation vis-à-vis the Customer.
It is especially understood that any perturbation in the service for any reason whatsoever, any exterior intrusion or infection by a computer virus, will not be held responsible by Philomena + Ruth.
In case of dissatisfaction of a customer for any reason, he/she cannot claim any other compensation other than the reimbursement of his/her order.
After full payment of the order, the Customer receives the legal guarantee of conformity and the warranty against hidden defects under the legal provisions of Articles L.211-1 to L.212-2 of the Code of Consumption and sections 1641-1649 of the Civil Code.
1°) In the event of non-compliance:
Philomena + Ruth is required to deliver products that meet the contract and liable for defects of conformity existing at the time of product delivery.
The action resulting from lack of conformity within two years from the delivery of products.
In accordance with the provisions in Articles L.211-9 and following of the Consumer Code, the Customer may choose between repair and replacement of products.
If it is impossible or manifestly disproportionate given the value of the products' cost, Philomena + Ruth is not required to proceed under the modality chosen by the Customer.
However, the Customer can return the item and be refunded the price or keep the item and be refunded a portion of the price as long as the conditions are met under Article L.211-10 of the Consumer Code, i.e. if:
- The solution sought, offered or agreed (repair or replacement) can be implemented within a period of one month after the claim of the Customer
- Or if this solution can not be reached without great inconvenience to the Customer due to the nature of the product and use that is sought.
Product reimbursement may only be given if the defect is minor.
2°) In case of defect:
Philomena + Ruth is required to guarantee against hidden defects of the item sold which render it unfit for the use for which it was intended.
The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
To use the legal guarantee, the Customer must notify Philomena + Ruth the defect when it occurs by contacting us through the “contact us” tab on our website.
The involvement of the legal guarantee assumes that the conditions for the return of products described above must be met.
The costs of returning goods are the responsibility of Philomena + Ruth.
In the event that the Customer chooses replacement of products under these legal guarantees, shipping of goods traded are the responsibility of Philomena + Ruth.
3°) Contract Security
Some products may give rise to a contractual warranty.
This warranty will be given on the description of the product. No member may apply for a warranty that covers more than what is detailed on the product warranty form.
If a problem with a product occurs, the Customer must keep the invoice sent by Philomena + Ruth and please contact us through the “contact us” tab on our website.
Those excluded from the warranty are products modified or repaired by the Customer or any person other than the supplier of the product.
10. Personal Data & Protection of Privacy
According to the law number 78-17 of 6 January 1978 “Information technology and Liberty” the Customer has a right to access, to rectify, and to delete their information recorded by www.philomenaandruth.com.
Under the Act of 6 January 1978, Philomena + Ruth has a simplified declaration and commitment to comply with the declaration to the CNIL.
Philomena + Ruth agrees not to disclose to third parties the information provided by the Customer on the site. These are confidential. They will only be used to reinforce and personalise the communication including email information.
Philomena + Ruth does not sell or lend to third parties any personal data of the Customer.
The Customer may at any time contact Philomena + Ruth and oppose the use of their personal data recorded by Philomena + Ruth. They may simply send a message via the contact page.
11. Intellectual Property
All elements of the website www.philomenaandruth.com, whatsoever, are protected by copyright, trademarks, or patents. They are the exclusive property of Philomena + Ruth. The reproduction of all or part of www.philomenaandruth.com is considered a counterfeit in the sense of the intellectual property code.
12. Force Majeure
Pursuant to Article 1148 of the Civil Code, Philomena + Ruth will not be liable or deemed to have committed a mistake in the processing of your application if any delay or failure results from a case of force majeure.
These are considered fortuitous events or force majeure exempting all responsibility of all happenings or irresistible and unforeseeable circumstances beyond the control of the parties notably in the event of total or partial strike of transportation and natural disasters.
The fact that any provision of the Terms becomes void, enforceable due to any law, regulation or following a court decision, can not challenge the validity, legality and enforceability of the remaining provisions of the Terms and shall not relieve the Customer of the performance of its contractual obligations.
The Terms will be executed and interpreted in accordance with U.S. law. The parties shall seek before any dispute, an amicable agreement.
In case of disagreement or dispute concerning the validity, interpretation or enforcement of these Terms and Conditions, the courts of the United States will have jurisdiction.