Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

Last updated: August 5, 2026

1. Scope

These General Terms and Conditions of Sale govern all purchases of products made through the OUT OF PHASE online store.

They apply to:

  • consumers purchasing for purposes outside their trade, business or profession; and

  • professional customers purchasing in connection with their business activities.

By placing an order, the customer confirms that they have read and accepted these Terms before completing the purchase.

Use of the website itself is governed separately by our Terms of Service.

2. Seller

The seller is OUT OF PHASE.

The company’s full legal identity, registered address, registration numbers, VAT number and contact details are available in our Legal Notice and Contact Information.

3. Contractual Documents

The following policies form an integral part of the sales contract:

  • the Return and Refund Policy;

  • the Shipping Policy;

  • the Privacy Policy;

  • the Legal Notice; and

  • these General Terms and Conditions of Sale.

Each policy governs its own subject matter and should be read before placing an order.

In the event of a conflict relating specifically to the purchase of a product, these General Terms and Conditions of Sale shall prevail, subject to any mandatory rights granted by applicable law.

4. Products

The essential characteristics, specifications, compatibility requirements and price of each product are described on the relevant product page.

Customers are responsible for checking that the selected product is suitable for their intended equipment, application and operating environment before placing an order.

Product photographs, illustrations, renderings and videos are provided for information purposes. Minor differences in appearance, colour, finish or packaging may occur without affecting the product’s essential characteristics or intended use.

5. Availability

Products are offered subject to availability.

If a product becomes unavailable after an order has been placed, OUT OF PHASE will inform the customer as soon as reasonably possible.

The customer may then be offered:

  • a revised availability date;

  • an alternative product, subject to their agreement;

  • partial fulfilment of the order; or

  • cancellation and reimbursement of the unavailable product.

No substitute product will be supplied without the customer’s agreement.

6. Prices and Taxes

The applicable price is the price displayed when the order is placed.

The final amount payable, including applicable taxes, discounts and shipping charges, is displayed before the customer confirms the order.

Depending on the delivery destination and the customer’s status, prices may be displayed inclusive or exclusive of VAT.

Any customs duties, import taxes or clearance fees are governed by the Shipping Policy.

OUT OF PHASE may change its prices at any time. Price changes do not affect orders that have already been accepted, except where an obvious pricing or technical error has occurred.

Promotional codes are subject to their stated conditions and cannot be combined unless expressly indicated otherwise.

7. Orders

Before confirming an order, the customer has the opportunity to review:

  • the selected products and quantities;

  • the billing and delivery information;

  • the available delivery method;

  • the total price; and

  • the selected payment method.

The customer is responsible for ensuring that the information provided during checkout is complete and accurate.

After an order is submitted, the customer receives an electronic confirmation at the email address provided during checkout.

The sales contract is formed when OUT OF PHASE accepts the order.

OUT OF PHASE may refuse or cancel an order for a legitimate reason, including:

  • payment refusal or failure;

  • suspected fraud or unauthorised payment;

  • product unavailability;

  • an obvious pricing or technical error;

  • an incomplete or invalid delivery address;

  • a legal or regulatory restriction; or

  • an inability to deliver the order.

Where payment has already been collected for a cancelled order, the corresponding amount will be refunded using the original payment method.

8. Payment

Payment must be made using one of the payment methods offered during checkout.

Unless otherwise expressly agreed in writing, the full amount is payable when the order is placed.

The customer confirms that they are authorised to use the selected payment method.

Payment transactions are handled by third-party payment providers under their own security procedures.

OUT OF PHASE retains ownership of the products until full payment of all amounts due for the relevant order has been received.

9. Delivery and Transfer of Risk

Order processing, fulfilment locations, shipping costs, estimated delivery periods, tracking, customs charges and delivery incidents are governed by the Shipping Policy.

For consumer customers, the risk of loss or damage generally transfers when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the products.

For professional customers, unless otherwise agreed in writing, risk transfers when the products are handed over to the carrier.

Transfer of risk does not affect OUT OF PHASE’s retention of ownership until full payment has been received.

10. Returns and Right of Withdrawal

Return procedures, refund conditions, return costs and the exercise of any applicable consumer right of withdrawal are governed by the Return and Refund Policy.

Eligible consumers generally benefit from a statutory 14-day right of withdrawal for distance purchases, subject to the conditions and exceptions described in that policy.

The Return and Refund Policy also contains the applicable withdrawal instructions and model withdrawal form.

The right of withdrawal does not apply to professional customers unless expressly agreed otherwise in writing.

11. Defective or Non-Conforming Products

The commercial return policy does not limit any mandatory rights relating to products that are defective, damaged, incorrect or not as described.

Customers experiencing a problem with a product should contact OUT OF PHASE using the details provided in the Contact Information and include:

  • the order number;

  • a description of the issue;

  • the product serial number, where applicable; and

  • relevant photographs or videos.

OUT OF PHASE may request reasonable diagnostic information before arranging a repair, replacement or return.

Products should not be returned without first obtaining return instructions.

12. Legal Guarantees for Consumers

Consumers benefit from the mandatory legal guarantee of conformity under applicable French consumer law.

This guarantee may be exercised where a lack of conformity appears within two years from delivery of the product. Depending on the applicable statutory conditions, the consumer may be entitled to repair or replacement free of charge and without major inconvenience.

Where repair or replacement is impossible, unsuccessful, excessively delayed or causes major inconvenience, the consumer may be entitled to an appropriate price reduction or termination of the sale.

Consumers may also benefit from the French legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code.

Under this guarantee, the customer may, subject to the applicable legal conditions:

  • return the product and obtain reimbursement; or

  • retain the product and obtain a partial reimbursement.

These legal guarantees apply independently of any optional commercial or manufacturer’s warranty.

13. Commercial Warranty

A commercial warranty applies only where one is expressly offered in the product description, product documentation or a separate warranty document.

Any commercial warranty is additional to, and does not replace or restrict, mandatory statutory rights.

Unless otherwise expressly stated, a commercial warranty may exclude damage resulting from:

  • misuse or use contrary to the instructions;

  • incorrect installation;

  • incompatible equipment or unsuitable power supplies;

  • accidental or liquid damage;

  • normal wear and tear;

  • unauthorised modification or repair; or

  • operation outside the product’s specified environmental or electrical limits.

Such exclusions do not affect rights that cannot legally be excluded.

14. Professional Customers

This section applies only to customers purchasing in connection with their professional activities.

Unless otherwise agreed in writing, orders must be paid in full when placed.

Where payment terms are exceptionally granted, the deadline stated on the invoice applies.

Any overdue amount automatically gives rise, from the day following the payment deadline and without prior notice, to late-payment interest calculated at the European Central Bank refinancing rate applicable during the relevant period plus ten percentage points.

A fixed recovery charge of €40 per overdue invoice is also payable.

Additional reasonable recovery costs may be claimed where they exceed this amount and can be justified.

Unless expressly agreed otherwise, no discount is granted for early payment.

15. Liability

OUT OF PHASE remains liable for performing its contractual and statutory obligations.

Nothing in these Terms excludes or restricts liability where such exclusion or restriction is prohibited by law, including liability arising from:

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation;

  • gross negligence or wilful misconduct;

  • defective products where statutory liability applies; or

  • mandatory consumer rights.

OUT OF PHASE is not responsible for damage resulting from:

  • misuse;

  • unauthorised modification;

  • incorrect installation;

  • unsuitable or incompatible equipment;

  • failure to follow the product instructions; or

  • inaccurate information supplied by the customer.

Professional Customers

To the fullest extent permitted by law, OUT OF PHASE shall not be liable to a professional customer for:

  • indirect loss;

  • loss of profit;

  • loss of revenue;

  • loss of business;

  • loss of opportunity;

  • loss of production; or

  • loss of data.

Except where liability cannot legally be limited, OUT OF PHASE’s total liability arising from an order shall not exceed the amount paid for the product giving rise to the claim.

16. Force Majeure

Neither party shall be liable for a delay or failure to perform an obligation caused by an event qualifying as force majeure under French law.

The affected party shall inform the other party as soon as reasonably possible.

Where the event permanently prevents fulfilment of an order, the affected order may be cancelled and any amount paid for products that will not be supplied will be refunded.

17. Governing Law and Disputes

These Terms and all sales contracts entered into with OUT OF PHASE are governed by French law.

For consumer customers, this choice of law does not deprive the customer of any mandatory protection granted by the law of their country of habitual residence.

Consumers may bring proceedings before any court having jurisdiction under applicable consumer law.

Disputes involving professional customers shall fall within the jurisdiction of the competent courts of Paris, unless a mandatory rule provides otherwise.

18. Changes to These Terms

The version applicable to an order is the version accepted by the customer when the order is placed.

OUT OF PHASE may update these Terms for future orders.

Changes do not retroactively alter contracts that have already been concluded.