Preamble
These Terms and Conditions of Sale represent all of the stipulations that constitute the offer issued by our company to any potential purchaser of its products ofprinting. All orders placed on the Pixelprint.FR website are governed by these terms of sale. Validating an order implies unconditional and unreserved acceptance of these Terms and Conditions of Sale.
pixelprint.fr is a brand of SAS ATON, with a share capital of 55 000 euros, 18 rue Masséna, bureau 3, 06000 Nice, and will be referred to in the text below as "the eMerchant":
The purchaser will be referred to in the text below as "The Client".
Placing an order implies the Client's full and complete acceptance of these Terms and Conditions of Sale. Any contrary condition put forward by the Client is unenforceable against the eMerchant, which nevertheless reserves the right not to fulfill any order submitted to it.
Our company cannot be contractually bound by any document other than these Terms and Conditions of Sale, in particular brochures or catalogs, which are for information purposes only.
Our company reserves the right to modify these general terms and conditions at any time.
Pricing and Ordering
Prices are set in euros and quoted excl. VAT. All prices invoiced to the Customer by the eMerchant are those in effect on the day the product order is recorded.
The eMerchant reserves the right to change its prices at any time without incurring any liability. Such changes will take effect in the month following publication of the new prices.
Prices are exclusive of any current or future tax, duty or levy. Accordingly, prices will be increased by the amount of any current or future tax, duty or levy that the eMerchant may be required to collect or pay in connection with the sale and delivery of the products.
The customer agrees to pay the taxes in force on the invoicing date. The setting of the price only becomes final once the order is recorded. The price only becomes final once the order is recorded. The price includes packaging and shipping costs for mainland France. Additional delivery charges apply if the delivery location is outside mainland France.
Any Customer order must be placed via the online store's web ordering interface or made in writing. Order validation is subject to confirmation of the credit card payment by the payment operator, or to the collection of thecheckbank orbank transferbank. The e-merchant then issues the customer an order confirmation.
The eMerchant records the order and reserves the right to correct any error that may occur when the order is recorded, and shall incur no liability as a result.
Order modification
No order modification requested by the Customer can be taken into consideration after payment or after acceptance of the print proof (if this option was chosen).
Processing and delivery time
The goods will be delivered to the address the customer provided when placing the order. The shipping times shown in the order summary are expressed in business days; they are given for information only and may change depending on the date and time the order is confirmed, or due to technical or logistical constraints beyond our control.
Quantity variation
Every effort will be made to deliver the exact quantity ordered. However, a degree of variation is inherent to the printing process, and it is understood and deemed reasonable that minor variations are immaterial and that the e-Merchant accepts no liability for such variations.
* The customer's sole remedy in respect of shortages exceeding the quantities indicated above (the "Additional Shortages") shall be the reprinting of the entire missing quantity of the work concerned. This reprint will be carried out by the eMerchant within a reasonable time. The Customer is not entitled to a Credit in respect of Additional Shortages.
Force majeure
Delays or non-performance of orders resulting from cases of force majeure: fire, flood, legislation, regulation or requirement of a public authority, or any other unavoidable, unforeseeable event, any natural disaster, war, fire, flood, drought, power outage, shutdown, strike (including slowdown or work-to-rule strikes) or any other employee action occurring before or following a dispute, or any situation due to an inability to obtain the materials required for the performance of the contract and beyond the control of the eMerchant, cannot give rise to compensation.
Receipt
Without prejudice to any measures to be taken with respect to the carrier, claims concerning apparent defects or the non-conformity of the delivered product with the product ordered or with the dispatch note must be made in writing and be the subject of a return, after the eMerchant's agreement, within fourteen days of the arrival of the products.
It is the Customer's responsibility to provide any evidence as to the reality of the defects or anomalies observed. The Customer shall give the e-retailer every facility to proceed with the observation of these defects and to remedy them. The Customer shall refrain from intervening personally or having a third party intervene for this purpose. Returned goods must be sent back in the condition in which the e-retailer delivered them.
In the event of an apparent defect or non-conformity of the delivered products, duly established by the e-retailer under the conditions set out above, the Customer may obtain their free replacement, to the exclusion of any compensation or damages.
Invoicing - Payment
An invoice is issued and sent to the Customer at the end of each order. In the event of late payment, the e-Merchant may suspend all orders in progress, without prejudice to any other remedy or action.
Any amount unpaid by the due date shown on the invoice automatically entails, without prior formal notice, the application of penalties equal to twice the legal interest rate, calculated on a monthly basis.
These penalties will be payable upon simple request by the eMerchant. The amount of these penalties will automatically be deducted from any discounts, rebates or price reductions granted by the eMerchant.
Furthermore, in the event of non-payment of invoices by the agreed due date, forty-eight hours after a formal notice has remained without effect, the eMerchant shall have the right to cancel the order by operation of law, should it see fit.
The Client shall reimburse all costs incurred in the judicial recovery of sums due. Any invoice recovered through legal collection proceedings will be increased, as a non-reducible penalty clause within the meaning of Article 1229 of the French Civil Code, by an indemnity set at a flat rate of 20% of the amount of the unpaid invoices, without prejudice to any damages that may be owed.
Retention of title
IT IS EXPRESSLY AGREED BETWEEN THE E-RETAILER AND THE CUSTOMER THAT THE TRANSFER OF OWNERSHIP OF THE PRODUCT IS SUSPENDED UNTIL FULL PAYMENT OF THE PRICE.
During the period preceding this payment, the product will remain the full property of the eMerchant, but the Customer will assume all risks as soon as the product is shipped. The risk of loss of or damage to the works produced by the eMerchant shall be transferred to the customer at the time of delivery. Notwithstanding the delivery and the transfer to the customer of the risk attached to the works, the right and title of ownership in the works shall not be transferred to the customer and shall be retained by the eMerchant until such time as the latter has received full payment for the works.
Warranty - Liability
The eMerchant takes particular care over the quality of the works and publications it prints. However, any notice of damage, delay or partial loss of goods in transit, or of non-delivery, must be given in writing to the eMerchant and to the carrier within three clear days following delivery (or, in the case of non-delivery, within 28 days following dispatch of the goods), and any related claim must be sent in writing to the eMerchant and to the carrier within seven clear days following delivery (or, in the case of non-delivery, within 42 days following dispatch). All other claims must be sent in writing to the eMerchant within 28 days following delivery. The eMerchant shall not be liable in respect of any claim unless the requirements set out above have been met, except in the specific case where the customer demonstrates that:
(i) it is not possible to meet the requirements, and that
(ii) (ii) notice (if required) has been given and the claim was made as soon as reasonably possible. The eMerchant gives no warranty as to the merchantable quality or fitness for any particular purpose of the finished work forming the subject of the customer's order, and all other warranties, conditions or representations, whether implied or express, oral or written, are hereby excluded, except for those expressly set out in these terms and conditions. The eMerchant shall not be held liable for any loss arising from a delay in transit not attributable to it. Furthermore, the eMerchant shall not be liable for indirect, special or incidental damages, loss of profits, any economic loss, loss of goodwill or loss of anticipated savings, or loss of data. The eMerchant's total liability for any and all causes of action arising from or related to the customer's order and the provision of services by the eMerchant in fulfillment of that order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the amounts paid to the eMerchant by the customer under the order in respect of which the liability arises. Nothing in these terms and conditions shall be construed as limiting or excluding any liability which cannot, under English law, be excluded or limited, including in the event of death, personal injury, or liability arising from fraud or fraudulent misrepresentation.
Unlawful data
(a) The eMerchant shall not be required to print any material which, in its opinion, is or may be unlawful or contrary to public decency, defamatory, pornographic, or which constitutes an infringement of the exclusive rights or other rights of any third party.
(b) Without prejudice to paragraph 10 above, the customer shall indemnify and hold the eMerchant harmless against all claims, demands, costs, expenses (including, without limitation, legal fees and disbursements), losses and damages arising from, suffered or incurred as a result of the work it is required to produce in fulfillment of a customer order being actually or allegedly defamatory.
Intellectual property
Unless this point has been the subject of negotiation or a written agreement, the copyright relating to the general iconography, the commissioned iconography and illustrations, and anything else of any nature whatsoever that has been prepared, developed, or created by the eMerchant shall be assigned to or belong solely to the eMerchant. The eMerchant may use the iconography or the works it has produced for its own promotional purposes. The client shall be responsible for obtaining all the approvals and consents necessary for the reproduction of the images, iconography, photographs, copyrighted text, and/or other reproducible data ("Data") before asking the eMerchant to reproduce them. The client shall indemnify and hold harmless the eMerchant and its employees and representatives against all claims, demands, actions, costs, expenses (including, without limitation, legal costs and disbursements), losses, and damages caused or suffered as a result of any claim (including, without limitation, the defenses raised against such a claim) that the reproduction of the Data carried out by the eMerchant infringes the intellectual property rights or other rights of a third party, or gives rise to inappropriate use of a third party's confidential information. (b) All layouts, text, illustrations, graphics, photographs, tables, drawings, and logos and their selection and arrangement, as well as all source code and all other information displayed on any website owned, controlled, or operated by Pixelprint, in the Pixelprint Buying Guide and the Pixelprint Marketing Materials, are the intellectual property of Pixelprint or of the content eMerchants and, as between Pixelprint and the client, all intellectual property rights (including copyright) arising from or related to this content belong to Pixelprint. Reproduction of any part is not permitted unless authorized in writing.
Data protection: by placing an order with the eMerchant, the customer agrees that their contact details may be passed on to Pixelprint and to the eMerchant for accounting and marketing purposes. The information will be kept by Pixelprint even after the end of the business relationship between the customer and the eMerchant, and the latter may use customers' personal data to inform customers of goods and services similar to the goods or services already provided to the customer, and of other things which, in the opinion of Pixelprint or the eMerchant, may be of interest to customers.
Precedence of these clauses
These clauses take precedence over all other general terms of purchase and any specific documents belonging to the Customer.
Address for service
For the performance of the Contract, the parties agree to elect domicile under the following conditions:
For the eMerchant: At the address stated on the Order Form.
For the Client, at the address provided when the order was placed.
Jurisdiction - Disputes
IN THE EVENT OF A DISPUTE OF ANY KIND OR ANY CHALLENGE RELATING TO THE FORMATION OR PERFORMANCE OF THE ORDER, SOLE JURISDICTION SHALL LIE WITH THE COMMERCIAL COURT OF THE DEFENDANT'S DOMICILE OR ITS PRESIDENT IN SUMMARY PROCEEDINGS, UNLESS THE eMerchant PREFERS TO BRING THE MATTER BEFORE ANY OTHER COMPETENT COURT. Applicable law: these terms and conditions, and all other express terms of the contract agreed with customers, shall be interpreted under English law, which governs them. THE ENGLISH COURTS SHALL HAVE JURISDICTION OVER MATTERS ARISING FROM ANY CONTRACT AGREED BETWEEN THE eMerchant AND THE CUSTOMER INTO WHICH THESE TERMS ARE INCORPORATED. The Customer accepts this attribution of jurisdiction without any restriction or reservation.
Personal information
In accordance with the French Data Protection Act of January 6, 1978, the customer has the right to access, modify, rectify, and delete data concerning them. To do so, they simply need to send a request by email or by post to the e-retailer's address.
About us: www.pixelprint.fr
Pixelprint.FR est une Enseigne de la SAS ATON, 18 rue Masséna – 06000 Nice (France)
Les présentes conditions de vente sont conclues d'une part par la société SAS ATON. au capital de 55 000 euros dont le siège social est à 18 rue Masséna – 06000 Nice immatriculée au registre du commerce et des sociétés de Nice sous le numéro 807 901 830 00024 ci-après dénommée SAS ATON et d'autre part, par toute personne physique ou morale souhaitant procéder à un achat via le site Internet de SAS ATON dénommée ci-après ” l'acheteur “.
Purpose: these terms and conditions of sale are intended to define the contractual relationship between Pixelprint and the buyer, and the conditions applicable to any purchase made through the Pixelprint online store, whether the buyer is a professional or a consumer. The purchase of a good or service through this site implies the buyer's unreserved acceptance of these terms and conditions of sale. These terms and conditions of sale shall prevail over any other general or special conditions not expressly approved by Pixelprint. Pixelprint reserves the right to modify its terms and conditions of sale at any time. In that case, the applicable conditions will be those in force on the date of the buyer's order. Characteristics of the goods and services offered: the products and services offered are those listed in the catalog published on the Pixelprint site. These products and services are offered while stocks last. Each product comes with a description drawn up by the supplier; for some of them, marked DF, the buyer can access the supplier's documentation. The photographs in the catalog are as faithful as possible but cannot guarantee a perfect match with the product offered, particularly as regards colors.
Pricing: the prices shown in the catalog are prices incl. VAT in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services. Pixelprint reserves the right to change its prices at any time, it being understood however that the price shown in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated include ”or do not include” order processing, shipping and delivery costs, provided that these take place in the geographical areas set out below.
Geographical area: the online sale of the products and services presented on the site is reserved for buyers residing in France, in the French overseas departments and territories, or in Monaco, and for deliveries requested within these geographical areas.
Order The buyer who wishes to purchase a product or service is required to: - fill in the identification form, providing all the requested contact details, or give their customer number if they have one; - fill in the online order form, giving all the references of the chosen products or services; - validate their order after checking it; - make payment under the conditions provided; - confirm their order and payment. Confirmation of the order implies acceptance of these Terms and Conditions of Sale, acknowledgment of having full knowledge of them, and waiver of the right to invoke the buyer's own purchasing terms or any other terms. All the data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will constitute signature and acceptance of the operations carried out. The seller will send confirmation of the recorded order by email.
Withdrawal Buyers who are non-professional natural persons have a withdrawal period of seven days from the delivery of their order to return the product to the seller for exchange or refund without penalty, with the exception of return costs. Payment terms: the price is due upon ordering. Payments will be made by bank card; they will be processed through the secure CIC system, which uses the SSL "Secure Socket Layer" protocol, so that the information transmitted is encrypted by software and no third party can access it while it travels over the network. The buyer's account will only be debited when the available products or services are shipped, and only for the amount of the products or services sent or downloaded. At the buyer's request, a paper invoice showing VAT will be sent to them.
Deliveries Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. Risks are borne by the purchaser from the moment the products leave Pixelprint's premises. In the event of damage during transport, a substantiated complaint must be made to the carrier within three days of delivery. Delivery times are given for information purposes only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer refunded.
Garantie tous les produits fournis par le vendeur bénéficient de la garantie légale prévue par les articles 1641 et suivant du Code civil. En cas de non-conformité d'un produit vendu, il pourra être retourné au vendeur qui le reprendra, l'échangera ou le remboursera. Toutes les réclamations, demandes d'échange ou de remboursement doivent s'effectuer par voie postale à l'adresse suivante : Pixelprint 18 rue Masséna – 06000 Nice dans le délai de 15 jours de la livraison.
Liability: in the online sales process, the seller is bound only by an obligation of means; the seller may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
Intellectual property: all elements of the Pixelprint site are and remain the exclusive intellectual property of Pixelprint. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, any elements of the site, whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of Pixelprint
Personal data: in accordance with the French Act on Information Technology, Data Files and Civil Liberties of January 6, 1978, personal information relating to buyers may be subject to automated processing. Pixelprint reserves the right to collect information about buyers, including through the use of cookies, and, if it so wishes, to pass the collected information on to business partners. Buyers may object to the disclosure of their contact details by notifying Pixelprint; likewise, users have the right to access and rectify data concerning them, in accordance with the Act of January 6, 1978. The automated processing of information, including the management of the email addresses of the site's users, was declared to the CNIL on April 19, 2016 under No. 1950395.
Archiving - Proof: Pixelprint will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code. Pixelprint's computerized records will be regarded by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties. Dispute resolution
These online terms of sale are governed by French law. In the event of a dispute, jurisdiction is assigned to the competent courts of Paris, notwithstanding multiple defendants or third-party claims.