Terms of sale
The purpose of these conditions is to define the contractual relations, rights and obligations which unite the company: PIXCAKE SAS, hereinafter called "PIXCAKE.COM", registered with the RCS of PARIS under the number 833 254 105 and whose head office is 40 , rue de Bruxelles, 69100 VILLEURBANNE, France and on the other hand, "THE CUSTOMER", any person visiting and / or buying an item offered for sale on the merchant site www.pixcake.com.
The transfer of ownership by THE CUSTOMER to a third party, of a product originally purchased from PIXCAKE.COM, is not governed by these general conditions of sale.
These general conditions express the entire obligations of the parties. In this sense, THE CUSTOMER is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions and will prevail over any other general or specific conditions not expressly approved by PIXCAKE.COM.
They will prevail, if necessary, over any other version or any other contradictory document.
PIXCAKE.COM reserves the right to modify its conditions of sale at any time, and without notice.
In this case, the applicable conditions will be those in force on the date of the order by THE CUSTOMER.
The purpose of these general conditions of sale is to define the rights and obligations of the parties in connection with the online sale of goods offered by PIXCAKE.COM and THE CUSTOMER from the website www.pixcake.com.
The clientele is not geographically limited.
PIXCAKE.COM undertakes to deliver any CUSTOMER residing in metropolitan France, according to the methods described in these conditions, as well as in the rest of the world at the tariff conditions entered when choosing the type of delivery.
ARTICLE 3–LANGUAGE OF THE CONTRACT
The general conditions of sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 4 - ACCEPTANCE OF CONDITIONS
These conditions can be consulted at any time by THE CUSTOMER, on the website www.pixcake.com, by clicking on the "CGV" section.
Consequently, THE CUSTOMER acknowledges having read, at the time of placing his order and at the conclusion of the contract, in a legible and understandable manner, these general conditions of sale, as well as the information listed in article L .221-5 of the Commercial Code, and expressly declares to accept them without reservation.
The latter are enforceable against him under article 1119 of the Civil Code and will prevail over any other conditions appearing in any other document.
ARTICLE 5–LEGAL CAPACITY
The CUSTOMER declares to have full legal capacity allowing him to commit under these general conditions.
THE CUSTOMER also declares to be at least eighteen years old and to have the legal capacity, or to hold a legal authorization, allowing him access and online purchase.
ARTICLE 6 - PRODUCTS
The products governed by these are those which appear on the website of PIXCAKE.COM and which are indicated as sold and shipped by the latter.
The products offered comply with current French legislation and the standards applicable in France.
6.2. Product description
The photographs, texts, graphics, information and characteristics contained on the site www.pixcake.com are intended to illustrate the products as precisely as possible in accordance with legal requirements.
The information mentioned on each product sheet is that communicated to PIXCAKE.COM by the suppliers or manufacturers of said products.
PIXCAKE.COM takes great care in posting information including a full description of the articles.
However, if there were errors or omissions in this presentation, PIXCAKE.COM cannot be held responsible, the latter agreeing to correct them as soon as possible after becoming aware of them.
PIXCAKE.COM is committed to ensuring that the product presentation photographs are as realistic as possible.
However, if there were minor differences between the photograph of the product and the product delivered, in particular due to the quality of the photograph or the configuration of the display parameters of the computer used by the CUSTOMER, PIXCAKE's responsibility .COM cannot be engaged once the product conforms to the contract.
In any event, the CUSTOMER has a right of withdrawal in accordance with article 14 hereof.
The product offers are valid as long as they are visible on the site within the limits of available stocks.
PIXCAKE.COM will do its best to process all orders.
However, in the event of unavailability of the product after placing the order, THE CUSTOMER will be informed by email and / or by phone.
The amount paid by THE CUSTOMER for the missing product (s) will be credited within 14 (fourteen) days maximum on his bank account.
PIXCAKE.COM reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.
The information on the availability of the products being transmitted by the suppliers, the unavailability of the products can not engage the responsibility of PIXCAKE.COM, nor open the right to damages for the customer.
Furthermore, PIXCAKE.COM cannot be held responsible for the non-performance of the contract concluded in the event of force majeure or fortuitous events.
Force majeure is defined as all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by the latter despite all reasonable efforts.
Are considered as force majeure or fortuitous events, in addition to those recognized by case law, a disruption or a total or partial strike, in particular of the postal services, and means of transport and / or communications, floods, fires, earthquakes , storms.
6.4. Guarantees lequal hidden and compliance defects
In accordance with articles 1641 and following of the civil code, PIXCAKE.COM guarantees THE CUSTOMER, for hidden defects which may affect the products delivered, within the framework of a replacement of defective products, or parts making them unfit for their use.
PIXCAKE.COM cannot, however, be considered by THE CUSTOMER as responsible for any harmful consequences that these hidden defects could have caused.
In addition, and in application of the provisions of Articles L. 217-1 et seq. Of the Consumer Code, PIXCAKE.COM is responsible for ensuring that the products comply with the contract.
THE CUSTOMER, who acts as a legal guarantee of conformity:
- has a period of two years from the delivery of the goods to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from bringing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For second-hand goods, this period is fixed at six months.
The legal guarantee of conformity applies independently of the commercial guarantee that may be granted.
In the event that THE CUSTOMER decides to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, he can choose between canceling the sale or reducing the sale price in accordance with in article 1644 of the civil code.
In order to constantly improve its services, PIXCAKE.COM invites THE CUSTOMER to inform it of any errors it may have noticed through the contact section.
The products are intended for the conditions of use or intended use by the manufacturers of said products.
PIXCAKE.COM declines all responsibility in the event of improper or non-recommended use of the products.
ARTICLE 7 - PRICE
The price is expressed in euros (€).
The price indicated on the product sheets does not include delivery costs, invoiced in addition and indicated before the validation of the order.
PIXCAKE.COM reserves the right to modify its prices at any time.
In the event of a modification, the price invoiced to the CUSTOMER is that entered in the order form and accepted by THE CUSTOMER at the time of its validation.
The price indicated in the order confirmation is the final price, expressed all taxes included (TTC) for France. It includes: the price of the products, the handling costs, the packaging of the products, the transport costs.
For deliveries within the European Union, the applicable VAT is that in force on the day of the order, it being specified that any rate change will be automatically reflected in the price of the products presented on the online store.
For deliveries outside the European Union, THE CUSTOMER must pay the customs duties, VAT or other taxes due on the importation of the products into the country of the place of delivery.
The formalities related thereto are also the exclusive responsibility of the CLIENT unless otherwise indicated. THE CUSTOMER is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
ARTICLE 8- ORDERED
The "basket" allows the CUSTOMER to virtually select the products they like from the online catalog on the website www; pixcake.com.
THE CUSTOMER can consult his basket, the corresponding price, complete it or modify it at any time during his visit on the PIXCAKE.COM website.
The content of the basket will be definitively assigned to the CUSTOMER after the latter has validated it, expressly accepted these conditions by means of a check box, entered their delivery address and validated their method of payment using the online form. , subject to product availability.
Automatic registration systems are considered as proof of the nature, content and date of the order.
PIXCAKE.COM confirms the acceptance of the order to the CUSTOMER, at the email address that the latter will have communicated.
This is an order with payment obligation so that:
- placing the order implies payment by the CUSTOMER;
- the sale will be concluded and considered final only from the confirmation of the order and the receipt of payment by PIXCAKE.COM;
- Full payment must be made for PIXCAKE.COM to dispatch the order. The availability and shipping times must therefore be calculated from the date of receipt of the payment method.
PIXCAKE.COM reserves the right not to confirm an order for any reason whatsoever, relating in particular to a problem with the supply of products, or a problem concerning the order received (incorrect or incomplete address, or any other anomaly on the CUSTOMER account)
PIXCAKE.COM also reserves the right to refuse or cancel any order from a CUSTOMER who has not fully or partially settled a previous order or with whom a payment dispute is in progress.
The computerized registers, stored in the computer systems of PIXCAKE.COM, under reasonable conditions of security, will be considered as proof of communications, orders and payments made between the parties.
Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
ARTICLE 9–ELECTRONIC SIGNATURE
In accordance with the law of March 13, 2000 on the electronic signature, any purchase order signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale as "Right of withdrawal" and "out of stock".
ARTICLE 10–PAYMENT TERMS
THE CUSTOMER can pay by credit card (Carte Bleue, Visa, American express or Mastercard) via the secure site (online payment system) and by PAYPAL.
THE CUSTOMER guarantees that he is fully entitled to use the bank card he uses, that it is a personal card, that it is not a fraudulently used card and that this bank card provides access to sufficient funds to cover all costs resulting from the sale of products on the PIXCAKE.COM online store.
The order validated by THE CUSTOMER will not be considered effective until the bank payment centers concerned have given their agreement. If the said centers refuse, the order will be automatically canceled.
ARTICLE 11 - SECURITY–CONFIDENTIALITY
The credit card number is sent to the bank's servers, payment being made directly to a bank without going through the PIXCAKE.COM website server.
This formality guarantees the CLIENT that their bank details are:
- known to the only banking partner of PIXCAKE.COM
- inaccessible to third parties.
ARTICLE 12–RETENTION OF TITLE
The products remain the exclusive property of PIXCAKE.COM until full payment.
The transfer of risks occurs upon delivery, when THE CUSTOMER, or a third party designated by him, physically takes possession of the products at the delivery address he has indicated, or with the carrier.
ARTICLE 13 - DELIVERY
Delivery means the transfer to the CLIENT of physical possession of the goods or control of the goods.
Except in the event of force majeure or the closing periods of the online store which will be clearly announced on the home page on the website www.pixcake.com, the shipping times are, within the limits of available stocks, those shown below.
PIXCAKE.COM processes the shipment of the CUSTOMER's order within 1 (one) working day from the date of registration.
The delivery time is indicated to the CUSTOMER before the validation of the order according to the chosen delivery method and before payment.
THE CUSTOMER can follow the delivery status of his order via the references which will have been communicated to him by PIXCAKE.COM during the confirmation of his order according to the chosen carrier.
In the event of an unusual delay in shipment, an information email will be sent to the CLIENT.
THE CUSTOMER has the option of canceling their order and terminating the contract in accordance with the provisions of articles L. 216-2 et seq. Of the Consumer Code if delivery of the latter has not occurred on the date or at the expiration of the period indicated to him during the validation of his order or, failing this, at the latest 30 days after the conclusion of the contract, unless this delay in delivery is due to a case of force majeure or case fortuitous.
To do this, the CUSTOMER must send a registered letter with acknowledgment of receipt, or any other written on another durable medium to PIXCAKE.COM if, after having enjoined it, according to the same terms, to make delivery within a period additional reasonable, the latter did not comply within this period.
The contract is considered to have been resolved on receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
The CUSTOMER can immediately terminate the contract when the professional refuses to deliver the good or provide the service or when he does not fulfill his obligation to deliver the good or provide the service on the date or at the expiration of the deadline in the first paragraph of article L. 216-1 and that this date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
When the contract is resolved under the conditions provided for in article L. 216-2, PIXCAKE.COM reimburses the CUSTOMER for all the sums paid, at the latest within 14 (fourteen days) following the date on which the contract was been denounced.
PIXCAKE.COM declines all responsibility in the event of excessively long delivery times attributable to postal services or carriers.
The information entered by THE CUSTOMER on the order form commits it, so he must be vigilant about its accuracy.
Thus, in the event of an error in the wording of the delivery details, PIXCAKE.COM cannot be held responsible for the impossibility of delivering the product on time.
If the product could not be delivered due to this error, all costs incurred for possible reshipment will be borne by the CUSTOMER.
13.3. Rreceipt of the goods
The goods always travel at the CUSTOMER's risk.
THE CUSTOMER must check the good condition of the goods upon arrival of the package. This verification is considered to have been carried out once THE CUSTOMER, or a person authorized by him, has signed the proof of delivery of the transporter.
In the event of a problem (missing or damaged product, parcel pierced, opened or damaged, in particular with the presence of yellow tape "La Poste"), THE CUSTOMER must imperatively refuse the parcel and note a reservation on the delivery slip (parcel refused because open, damaged or otherwise).
Within a maximum period of 48 (forty-eight) hours from delivery, THE CUSTOMER must make a complaint to the carrier or the postal services.
Any anomaly concerning the delivery must imperatively be notified to PIXCAKE.COM the same day of the reception or at the latest the first working day following the reception.
Any complaint made after this period will be rejected and PIXCAKE.COM will be released from all responsibility.
PIXCAKE.COM reserves the right to ask the CUSTOMER to return the defective product to him.
If the above conditions are met, PIXCAKE.COM will then either exchange or reimburse defective products, or reship missing products, subject to the merits of the CLIENT's request and availability.
If the parcel is not picked up by THE CUSTOMER, it is automatically redirected to PIXCAKE.COM.
ARTICLE 14–RIGHT OF WITHDRAWAL AND RETURNS
In accordance with L. 221-18 et seq. Of the consumer code, THE CUSTOMER has a period of 14 (fourteen) days, from the date of receipt of the goods, to withdraw without giving any reason.
In case of exercise of the right of withdrawal, by returning the product, PIXCAKE.COM is required to reimburse equal to the purchase price of the products purchased and returned, and delivery costs, without additional costs, except for return costs which remain the responsibility of the CUSTOMER.
No exchange is possible.
The product (s) must be returned in perfect condition, in their original packaging, intact, and complete, thus allowing them to be marketed in new condition.
Damaged, soiled or incomplete products are not accepted.
The product should be:
- in its original packaging,
- in a strong carton to avoid damage during transport
- complete with instructions and accessories ...
The products are returned by THE CUSTOMER, accompanied by the purchase invoice or the delivery note, to the following address:
1 rue de la couture
The return must be made
- carriage paid,
- in its original packaging,
- in a strong carton to avoid damage during transport
- complete with instructions and accessories ...
- unopened, unblasted
Items returned incomplete, damaged or soiled by the customer will not be returned or exchanged.
Postage due or cash on delivery will be refused.
PIXCAKE can not be held responsible for any loss or damage occurring during transport, it is therefore recommended that the CUSTOMER use a tracking service and keep all proof of return.
In the event of loss or damage during transport, THE CUSTOMER must contact their carrier directly.
PIXCAKE will not be able to process products not received in warehouse.
The right of withdrawal is exercised under the same conditions from the order, before delivery.
If the right of withdrawal is exercised after the departure of the goods from the warehouse, the return costs remain the responsibility of the CUSTOMER.
The risks associated with the return of products are the responsibility of the CUSTOMER. COD shipments are not accepted. Only the price of returned products is refunded. The initial shipping costs remain the responsibility of the CUSTOMER.
ARTICLE 15 - INTELLECTUAL PROPERTY
PIXCAKE.COM is the holder of the intellectual property rights on the site and the right to disseminate the elements appearing in the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
As such and in accordance with the provisions of the intellectual property code, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the product catalog, their use and their provision to third parties are formally prohibited unless express and explicit authorization obtained from PIXCAKE.COM.
ARTICLE 16 - DATA PROTECTION
The personal data provided by THE CUSTOMER are necessary for the processing of his order and the establishment of invoices.
The information collected may also be used to offer the CUSTOMER similar products and send mailings relating to the promotional or advertising operations of PIXCAKE.COM in the context of commercial or marketing operations.
When communicating their contact details, THE CUSTOMER can choose not to subscribe to the newsletter by not checking the relevant box.
THE CUSTOMER can also unsubscribe at any time by clicking on the link at the end of PIXCAKE.COM emails or by contacting PIXCAKE.COM.
The data collected is confidential and PIXCAKE.COM undertakes not to communicate, for free or with consideration, the customer's contact details to a third party other than its partners responsible for the execution, processing, management and payment of orders .
The processing of information communicated through the website www.pixcake.com has been the subject of a declaration to the National Commission for Information Technology and Liberties (CNIL).
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, modified by the law n ° 2004-801 of August 6, 2004, THE CUSTOMER has a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of information concerning him.
ARTICLE 17–PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
This contract is subject to French law, excluding the provisions of the Vienna Convention.
PIXCAKE.COM can not be held liable for damages of any kind, whether tangible or intangible, which may result from a malfunction or improper use of the products sold.
The same is true for any modifications to the products resulting from the manufacturers.
The responsibility of PIXCAKE.COM will, in any event, be limited to the only amount of the order and cannot be blamed for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products.
PIXCAKE.COM is only bound by an obligation of means, in the online sales process.
PIXCAKE.COM cannot be held liable for damage resulting from the use of the Internet, such as loss of data, intrusion, virus, breakdown of the service or other involuntary problems.
ARTICLE 19 - MEDIATION AND COMPETENT COURTS
In the event of a dispute during a purchase on the pixcake.com Site, You can send a written complaint to the Internet Customer Relations Department, by e-mail: email@example.com or by letter addressed to the following address : PIXCAKE - 40 rue de Bruxelles - 69100 Villeurbanne
20. APPLICABLE LAW AND COMP TRIBUNALÉTENT
The General Conditions of Sale are subject for all of their stipulation to French law. All disputes relating to the commercial relationship between You and Us are subject to the exclusive jurisdiction of French courts.
In the event of a dispute, an amicable solution will be sought beforehand. The search for an amicable solution does not interrupt the contractual guarantee but interrupts the action periods from which You benefit.