Terms and conditions
1. INTRODUCTION
The PIXTER company (the “Seller”) is engaged in the sale of products and offers a distance selling service via the Internet. The customer declares to have read the following stipulations before placing an order for the products. By choosing to purchase the products, the customer expressly and irrevocably accepts the terms set out below.
2. IDENTITY OF THE SELLER
PIXTER, simplified joint stock company registered in the Paris Trade and Companies Register under number 917 755 811
Head office: 2 passage du site, 75012 Paris
Share capital: €1,000
Intracommunity VAT number: FR45917755811 (VAT exemption) - VAT not applicable, art. 293B of the CGI.
Customer service : hello@pixter.fr
3. CAPACITY
The customer declares to have the capacity to conclude this contract, the general conditions of sale of which are presented below, and in particular to be of legal majority and not to be under guardianship or curatorship.
4. APPLICABLE LAW
The legal and regulatory provisions of French law are applicable to the proposed sale. The language used for the conclusion of the contract is French.
5. ACCESS TO THE SITE
The customer is responsible for setting up the IT and telecommunications resources allowing access to the site www.pixter.co
6. PRODUCT FEATURES
In accordance with article L 111-1 of the Consumer Code, the customer can, prior to his order, read on the website www.pixter.co the essential characteristics of the product(s) he wishes to order. The Buyer selects one or more products from the different categories offered on the website www.pixter.co. The photographs and graphics describing the products are the full property of the Seller. No image may be used or exploited for commercial purposes without the prior, express and written authorization of the Seller.
7. AVAILABILITY OF PRODUCTS
The offers presented on the site www.pixter.co are valid while stocks last. It is possible to place an order for a product that is out of stock, a message in red will be displayed under the "ADD" button to notify the customer of the shipping date of the order. If a product in the order is no longer in stock, the total order will only be shipped after replenishment of the out-of-stock product, and delivery will then take place within the deadlines indicated when ordering.
8. ORDER REGISTRATION
In order to allow the customer to return to their order before definitively validating it, the Seller has created two validation screens. To order a product, the customer first clicks on the “add to cart” button. A summary table of the customer's "basket" appears on the screen, so that the customer can check the contents of their order. By then clicking on the “proceed to order” button, and after having checked the contents of the order in his “basket” and, where applicable, having modified it, the customer declares to fully and unreservedly accept the entire of these General Conditions of Sale. After confirming the content of his order, the customer will definitively validate it by payment. The order will only be final upon payment of the corresponding price.
9. ORDER CONFIRMATION
It is planned, from the registration of the order placed, the sending of an email. By keeping this email and/or printing it, the customer has proof of his order which the Seller recommends that he keep.
10. PRICE, PAYMENT AND BILLING
The prices of the Products are indicated in Euro, Dollar (USD) or Pound Sterling including tax. Payment of the entire price must be made when ordering by the customer. At no time can the sums paid be considered as deposits or deposits. All orders are payable in Euro, Dollar (USD) or Pound Sterling. The sales prices of products on www.pixter.co may be modified at any time by the Seller. This modification will be notified to the customer before any order. Accepted payment methods are credit card and electronic payment via the PayPal system. The customer guarantees to the Seller that he has the authorizations that may be necessary to use the payment method he chooses when registering the order form. The Seller reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the customer, or in the event of payment incident. Products are shipped from France and may therefore be subject to taxes or customs duties. In the event that the shipment is subject to taxes or customs duties, these costs will be entirely borne by the customer. It is recommended that the buyer inquire about these possible costs.
11. SHIPPING COSTS AND DELIVERY TIMES
11.1. SHIPPING FEES
The buyer has the possibility of choosing between three service providers in France: Mondial Relay, Chronopost 13 or Colissimo.
The carrier, for any purchase outside France, will be DHL, Delivengo or traditional postal services.
11.2. DELIVERY TIME
Except in cases of force majeure, the average delivery times are, within the limits of available stocks, those indicated below. Delivery times run from the date the product leaves the Seller's warehouse. The products ordered will be delivered within a maximum period of twenty days from the day following that on which the customer registered their order (Metropolitan France), subject to full payment of the price. If there is no delivery at the end of this period, the customer will have the option of canceling their order. The amounts paid by the customer will then be returned to them without delay. In the event of a delay in delivery compared to the date initially set, the customer will report it in writing (mail, email) to the Seller who may carry out an investigation with the carrier. An investigation with the carrier can take up to 21 business days. If during this period, the product is found, it will be immediately re-directed to the delivery location designated in the order form. On the other hand, if the ordered product is not found at the end of this 21-day investigation period, the Seller will proceed at its own expense to re-ship the products ordered by the customer (without prejudice to the option for the customer to cancel his order and obtain restitution of the sums paid to the Seller, as specified above). In the event of a dispute with the carrier's delivery notice, the Customer must make his or her complaint within 14 days (fourteen) of the delivery notice.
11.3. WRONG DELIVERY ADDRESS
Packages are delivered to the address known as the “delivery address”. This address is mentioned and entered by the buyer when registering the order. This address is then confirmed at the end of the order process on the summary page, then by email on the order confirmation document. In the event of non-delivery of packages for "NPAI" reasons (the recipient does not live at the address indicated), a new shipment of the order may be carried out upon presentation of proof of address less than 3 months old in the name and to the address of the recipient. Failing this, the Seller will invoice the customer again for the delivery costs corresponding to their order if the customer has requested reshipment.
11.4. GEOGRAPHICAL DELIVERY AREA
The Products offered for sale by the Seller are delivered in France and throughout the world.
12. RIGHT OF WITHDRAWAL
Terms and conditions
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us (PIXTER SAS, 130 boulevard de Charonne, 75020 Paris, hello@pixter.fr) your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, or email). You can use the following withdrawal form model but this is not obligatory: Withdrawal form template
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WITHDRAWAL FORM MODEL (Please complete and return this form only if you wish to withdraw from the contract.) ………………………………………….. |
For the withdrawal period to be respected, you simply need to send your proof of return before the withdrawal period expires.
Withdrawal effects
In the event of your withdrawal from this contract, we will reimburse you for all payments received, including delivery costs, in any event no later than fourteen days from the day of receipt. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever date is the earlier of these events.
You must return or return the goods to us or to our logistician IBS (postal addresses available on request), without undue delay and, in any event, no later than fourteen days after receipt of your product. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen day period. To find your return voucher, please log in to your Pixter account. If you did not create an account when purchasing, we invite you to create an account with the email address with which you ordered. Your return voucher will be immediately available. We accept your return if all items are present and in perfect condition, including the original packaging and any accessories. No refund will be made if the product or packaging is damaged. You will have to cover the direct costs of returning the goods. Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
13. LEGAL GUARANTEES
We inform you that in the event of lack of conformity of the good with the contract, the legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the item sold, mentioned in articles 1641 to 1648 and 2232 of the Civil Code, will apply in accordance with the legal and regulatory provisions in force. The main aspects of these two guarantees are described below.
Legal guarantee of conformity
The Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery, as specified in Article L. 217-4 et seq. of the Consumer Code.
In the event of legal guarantee of conformity action, the consumer:
- benefits from a period of two years from the delivery of the property to take action,
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.217-9 of the Consumer Code,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods. This deadline is extended to twenty-four months from March 18, 2016.
Guarantee linked to defects in the item sold
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them (Article 1641 of the civil code).
In the event that the consumer decides to implement the guarantee against hidden defects in the thing sold as provided for by article 1641 of the civil code, he can choose between the cancellation of the sale or a reduction in the sale price in accordance with in article 1644 of the said code.
14. MEDIATOR – DISPUTE SETTLEMENT
For any questions relating to your purchase, or in the event of any difficulty, do not hesitate to contact us by email at hello@pixter.fr. If you cannot find a solution that gives you satisfaction, you can send us a complaint by post to the following address: 130 boulevard de Charonne, 75020, Paris
PIXTER undertakes to respond immediately, and at the latest within 72 working hours, to any complaint made to customer service, and to respond within 10 working days to complaints made by mail.
In accordance with the applicable legal and regulatory provisions, if you do not obtain a satisfactory response to your complaint, you can contact the ANM Conso mediator, according to the terms indicated on the page: http://www.anm-conso.com/ including the contact details are as follows: 62, rue Tiquetonne: PARIS
In the event of a dispute persisting, the legal and regulatory provisions of common law would apply.
15. GENERAL REIMBURSEMENT CONDITIONS
Any reimbursement payable by the Seller will be made in the form of a credit card reimbursement, or a PayPal electronic reimbursement, depending on the payment method used for the purchase. The refund will be made as soon as possible mentioned in the “Right of Withdrawal” section. By the very fact of receiving a reimbursement, the consumer undertakes on his honor not to formulate any dispute or opposition with his bank or otherwise to the transaction concerned by the reimbursement, and undertakes not to do so within one year. The consumer acknowledges being aware that any failure to comply with this obligation would expose him to restitution of the sum unduly collected, without prejudice to any damages that could be claimed from him by the Seller.
16. RESERVATION OF OWNERSHIP
The seller expressly reserves ownership of the products delivered until full payment of their price in principal and interest. The simple delivery of a payment document does not constitute payment. In the absence of full payment, the seller will be entitled to demand the return of the goods delivered. The costs that may be incurred for this return will be the responsibility of the customer.
17. RESPONSIBILITY
The Seller assumes responsibility in accordance with the legal and regulatory provisions of common law, and, where applicable, the specific provisions of public order relating to consumer law. In particular, the seller cannot be held responsible for failures caused by a case of force majeure within the meaning of Article 1218 of the Civil Code.
18. ENTIRETY
These general conditions and the related sections represent the entire rights and obligations of the parties concerning orders of products on the Internet. No general or specific conditions communicated by the customer can be integrated into these General Conditions of Sale.
19. COMPUTING AND FREEDOMS
The information collected by the Seller during any customer order is necessary for the management of the order by the Seller and its commercial partners. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, as amended, the customer has the right to access, rectify, oppose and delete data concerning him from the Seller. The customer may receive offers from the Seller. If the customer does not wish to receive these proposals, he can inform the Seller by email at hello@pixter.fr.