TERMS & CONDITIONS
1 Preamble -These conditions of sale define the contractual relations, rights and obligations arising between Pixcake, hereinafter called “pixcake.com", entry No. 833254105 in the Lyon Trade and Corporate Register, its registered office being situated at 40 RUE DE BRUXELLES 69100 VILLEURBANNE FRANCE and the "Customer", being any person visiting the “pixcake.com" merchant site and/or purchasing an article offered for sale thereon. All this information is set out in the English language. The consumer declares that he has full legal capacity to contract under these general conditions of sale. These conditions of sale shall prevail over all other general or special conditions not expressly approved by “pixcake.com". “pixcake.com" reserves the right to amend its conditions of sale at any time without notice. In such case, the conditions applicable shall be those in force at the date of the purchaser's order.
2 Acceptance of sale conditions -The Customer may view these conditions of sale at any time by clicking on the "General Conditions of Sale" heading. Consequently, the Customer acknowledges his awareness, at the time of making his order, of the special conditions of sale set forth on this screen, and expressly declares that he accepts the same unreservedly. These general conditions of sale shall prevail over all other conditions appearing in any other document.
3 Limitation of custom -There is no geographical limit to the custom. “pixcake.com" undertakes to deliver to any Customer residing in France, in accordance with the terms and procedures described in these conditions of sale. For all other countries, whether within or outside the EU, the Customer shall contact “pixcake.com" via the “Contact us" heading, to be informed of the cost of shipment, and the delivery method and time.
4 Products -The information shown in each product data sheet is given solely for guidance. The products offered for sale are compliant with applicable French legislation and with the standards applicable in France.
The photographs, texts, graphic design, information and characteristics reproduced and illustrating the products presented are not contractually binding. “pixcake.com" takes the utmost care in broadcasting information that includes a full description of the articles. However, “pixcake.com" declines all liability for any errors contained or arising therein. Out of concern for constant improvement in its service, “pixcake.com" will welcome the Customer's reporting of any errors observed, via the “Contact us" heading. Any Customer who is dissatisfied with the conformity of the goods delivered to the description made of them on the website may exercise his right of withdrawal within 7 (seven) days as provided in Article 13 hereof.
“pixcake.com" shall not be liable for failure to execute a concluded contract arising from goods out of stock, product unavailability, force majeure, disruption or strike totally or partially affecting among others the postal services and means of transport and/or communications, or from flood or fire. “pixcake.com" gives warranty to the Customer against any hidden defects that may affect the products delivered, undertaking thereunder to replace the defective products or the parts that render them unfit for their purpose. However the Customer may not hold “pixcake.com" liable for any loss or damage arising from such hidden defects.
5. Price -The price is expressed in euros. The price indicated in the product data sheets does not include shipment. The price indicated in the confirmation of order is the firm and final price, expressed as inclusive of all taxes for France. The VAT applicable is that in force on the date of the order, and any change in the rate may be passed on in the product price. The price includes the product price, packaging and handling of products, and shipment costs. “pixcake.com" reserves the right to change its prices at any time without notice. In the event of any change, the price invoiced to the Customer shall be the price entered on the order form and accepted by the Customer when he confirms the order. The goods remain the exclusive property of “pixcake.com" until full and effective payment for the goods.
The Customer may pay by Visa card, Mastercard, American Express card, Paypal. Full payment must be made at the time of ordering.
For deliveries within the European Union, prices include VAT applicable on the date of the order. For delivery outside the European Union, the Customer must pay all customs duty, VAT or other charges due when importing products into the country of the place of delivery. All formalities relating thereunto shall also be the exclusive responsibility of the Customer unless otherwise stated. The Customer shall be solely liable for ascertaining whether the products ordered can be imported having regard to the law applicable within the territory of the country of delivery.
6. Availability -Product offers remain valid for as long as they are visible on the website, subject to availability of stock. “pixcake.com" shall use its best efforts to process all orders. However, where a product is unavailable after an order is made, the Customer shall be informed of the fact by e-mail or by post. The Customer's order shall thereupon be cancelled automatically and the sum paid by the Customer for the missing article shall be credited to his bank account within a maximum of thirty (30) days. “pixcake.com" reserves the right to change the product assortment according to the constraints imposed by its suppliers. Product-availability information is forwarded to us by our suppliers and accordingly, "pixcake.com" shall entertain no liability for the unavailability of a product, nor shall such unavailability entitle the Customer to damages.
7 Ordering -The "basket" provides a virtual means for the Customer to select articles that appeal to him. The Customer may view, add to or change the basket contents at any time during his visit on the "pixcake.com" website.The basket's contents shall be definitively allocated to the Customer when he has confirmed the basket's contents and the delivery address, subject to availability of the articles. The automatic order-registration systems shall be regarded as furnishing valid proof of the nature, content and date of the order. "pixcake.com" shall send confirmation of its acceptance of his order to the Customer using the e-mail address the latter has communicated to it. The sale shall be concluded only upon confirmation of the order. "pixcake.com" reserves the right to cancel any order from a Customer with whom a dispute is outstanding in relation to payment for an earlier order. All information issued by the Customer when making the order shall commit him: in the event of any error in entry of the consignee's contact information, "pixcake.com" shall entertain no liability for failure to deliver the product. In this connection, the Customer shall be liable for all return shipment costs incurred. The computerised records stored in the I.T. systems of "pixcake.com" under reasonable conditions of security shall be regarded as proof of the communications, orders and payments occurring between the parties. The order forms and invoices are stored on a reliable, durable medium that can be produced as evidence.
8 Capacity to contract -The Customer warrants that he is fully authorized to make use of the bank card used by him, that it is a card issued to him personally, is not a card used fraudulently, and that such bank card affords access to sufficient funds to cover all costs arising from the sale of products on the "pixcake.com" on-line boutique. The Customer must declare either that he is not less than eighteen years of age and has legal capacity or that he holds legal authorization to access and make purchases on-line. Pursuant to the French I.T. Evidence and Electronic Signature Act of 13 March 2000, any order form signed by the Customer's double-clicking shall constitute irrevocable acceptance that can only be challenged in the cases restrictively referred-to in these general sale conditions as "right of withdrawal" and "out of stock".
9 Payment -The price invoiced to the Customer is the price indicated in the confirmation of order sent by "pixcake.com". The price of products is payable promptly upon the date of the order's becoming effective. Payment shall be made by means of a bank card bearing the CB, VISA or American Express logo. The on-line payment system enables the Customer to pay via the Paypal banking server in a secure environment. An order confirmed by the Customer shall be considered effective only when the relevant bank payment centres have given their agreement. In the event of rejection by those centres, the order shall be automatically cancelled and the Customer shall be notified of the fact by electronic mail. The times for availability and the shipment times shall be recalculated from the date of receipt of the means of payment.
10 Security – Confidentiality -The bank-card number is routed to the bank servers, with payment made directly to a bank with no routing via the e-boutique server. The purpose of this direct proceeding is to guarantee to the Customer that his numbers will be known only to Paypal bank, the banking partner of "pixcake.com", and those numbers will be inaccessible to any third party. Accordingly, "pixcake.com" has no access at any time to confidential information regarding means of payment. This is the reason for requesting the Customer's banking information at each new order.
11. Delivery -After making his order, the Customer will receive, at the web address indicated by him on the form, an e-mail stating the ordering and registration information, and the parcel number enabling him to track its progress on www.coliposte.net. "pixcake.com" processes the Customer's order within two (2) ordinary working days, with parcels dispatched four times a week; the Customer will receive his parcel 48 to 72 hours after its dispatch for delivery in France. Orders are sent by the French post office "Colissimo" tracked parcel delivery service. In the event of any unusual delay in delivery, the Customer shall be notified by e-mail. "pixcake.com" disclaims all liability in the event of excessive delay in delivery attributable to the postal services or the carriers. Where an order is paid-for by cheque, the time for processing and shipment of the order shall commence upon receipt of the cheque by "pixcake.com". Goods are always dispatched at the purchaser's risk. The Customer must check the goods on arrival of the parcel to ensure that they are in good condition. In the event of any problem (product missing or damaged, parcel perforated, opened or damaged, particularly where the "La Poste" yellow adhesive tape has been applied), the Customer must without fail refuse delivery of the parcel and write a reservation on the delivery note (parcel delivery refused because opened or damaged, or other reason). Within not more than 48 hours of delivery, the Customer must formulate a claim to the carrier or postal services. Any anomaly in the delivery must without fail be notified to "pixcake.com" on the day of receipt or, at the latest, the first ordinary working day following receipt. Any claim formulated after that time limit shall be rejected and "pixcake.com" shall be free of all liability. "pixcake.com" reserves the option to request the purchaser to return the defective product to it. If the foregoing conditions are fulfilled, "pixcake.com" shall thereupon exchange or refund the defective product(s), or re-ship the missing product, provided the purchaser's claim is legitimate, and subject to availability.
12. Intellectual property -"pixcake.com" is the holder of the intellectual-property rights to the website and holds the right to broadcast the items appearing in the on-line boutique catalogue, particularly the photographs for which it has obtained the necessary permissions from the persons concerned. In this respect, and pursuant to the French Intellectual Property Code, the reproduction in full or in part, on any medium whatsoever, of the elements composing the website and the product catalogue, their use and the making-available of them to third parties are strictly prohibited.
13. Right of withdrawal and returns
In accordance with Article 55 of the Act of 14 August 2000, the Customer has a cooling-off period of 7 (seven) days from the date of receipt of the goods, to change his mind and withdraw from the purchase without giving reasons. This right is exercised by returning the product, with the Customer remaining liable for the costs of carriage. The Customer must return the new article(s) intact in its/their original packaging, enclosing the original invoice, to the following address: LOGVAD - PICAKE - Retours - 1 rue de la couture - 59115 - Leers - FRANCE. The Customer is responsible for retaining all proof of such return and its date, and must therefore send the parcel by registered post. Where the right of withdrawal is exercised, "pixcake.com" shall be liable to pay the purchase price of the product(s) purchased and returned, with no deduction of cost except for the costs of return, which shall remain the liability of the Customer. Refund is due within 30 (thirty) days at the latest. Articles returned incomplete, spoilt, damaged or deteriorated cannot be taken back by "pixcake.com". The right of withdrawal shall be exercised under the same conditions from the time of making the order, and before delivery. If the right of withdrawal is exercised between the date the goods leave the workshop and the date they are delivered to the Customer, the return costs shall remain for the account of the Customer. The consignor shall assume all risks entailed in the return of the product. Shipments against cash on delivery will not be accepted. Only the price of the product returned will be refunded. The initial shipment costs shall remain for the Customer's account.
14. Personal data -All data collected are confidential and "pixcake.com" undertakes not to disclose the Customer's contact information to any third party, whether free of charge or for consideration. Pursuant to the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, the Customer has a right of access to and rectification of the information concerning him.
15. Amendment of the General Conditions of Sale -"pixcake.com" reserves the right to amend these General Conditions of Sale at any time without notice. The Customer is advised to view these Conditions of Sale at regular intervals. By confirming his orders, the Customer assents de facto to the new General Conditions of Sale.
16. Liability, Disputes and Jurisdiction -This Agreement is governed by French law. "pixcake.com" shall entertain no liability for loss or damage of any kind, whether damage to property, immaterial / consequential damage or bodily injuries, that may arise from malfunction or misuse of the products marketed. The same applies to any product modifications attributable to the manufacturers. In all circumstances, the liability of "pixcake.com" shall be limited to the amount of the order only and shall not extend to simple errors or omissions that may persist despite the fullest precautions taken for the presentation of the products. "pixcake.com" is bound only by an obligation of due diligence in the on-line sale process. "pixcake.com" shall entertain no liability for any damage arising from the use of the Internet, such as loss of data, intrusion, virus, interruption of service or other problems outside its control. In the event of dispute, the competent law courts of Lyon (69), France, shall have jurisdiction, notwithstanding plurality of defendants or impleader of third parties under warranty claim.
This site is published and distributed by PIXCAKE with capital of € 1,000
Registered office : 40, RUE DE BRUXELLES - 69100 - VILLEURBANNE
Registered with the RCS Paris under number 833 254 105
VAT number: FR 62833254105
Siret : 833 254 105 00012
Ape : 4791B
President: Emmanuelle Condet
General Director : Emmanuelle Condet
E-mail : firstname.lastname@example.org
Website : https://www.pixcake.com
Site and art work design PIXCAKE : KEYFORMAT
This website has been created using MAGENTO