TERMS AND CONDITIONS OF SALE
PREAMBLE
The lexip.co website is published by PIXMINDS DISTRIBUTION, a company with capital of €127770, headquartered in BARBERAZ,
, registered under the unique identification number 425 010 451 RCS CHAMBERY.
PIXMINDS DISTRIBUTION is the author of the offer to sell the products presented on its website lexip.co. The present general conditions of sale
apply between PIXMINDS DISTRIBUTION and the customer of the website.
The general conditions of sale, together with the order form and order confirmation, constitute the sales contract between the customer and PIXMINDS DISTRIBUTION
relating to the sale of the products ordered. Unless there is a prior written derogation on the part of PIXMINDS DISTRIBUTION, its supplies are, ipso jure,
subject to these general conditions of sale, which prevail over any other conditions of purchase or order. All information contained in the lexip.co
website (hereinafter referred to as the website) is in French, English and German. The customer acknowledges that, prior to placing an order, he/she has
read all of the aforementioned information and the general terms and conditions of sale. Consequently, the act of placing an order implies the customer’s full and unreserved acceptance
of these terms and conditions. The present conditions are made available to the customer on the home page of the PIXMINDS DISTRIBUTION website.
PIXMINDS DISTRIBUTION reserves the right to modify the general terms and conditions of sale at any time and without notice, the modifications being then applicable to all orders subsequent to this modification. Any use of the website and any placing of an order for one or more products via the website implies full acceptance of
general terms and conditions of sale. The general terms and conditions of sale are reserved for consumer customers, to the exclusion of all professionals.
As a consumer, the customer therefore has specific rights, which would be called into question if the products purchased through the website were in fact related to his or her professional activity.
Only persons legally capable of entering into contracts concerning the products offered for sale on the website may place orders on the website.
By placing an order, the customer warrants that he/she has full legal capacity to accept the general terms and conditions of sale, to place an order and to conclude a sale.
For any information relating to the execution of one or more orders, or the processing of a complaint, the customer should contact Customer Service :
- By telephone: +33 (0)4 79 25 83 18 Monday to Friday, 9am to 12pm & 2pm to 5.30pm
- By post to the following address: 45 Route d’Apremont – 73000 BARBERAZ, FRANCE.
- By email: marketing@pixminds.com
1-PURPOSE
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered on the website
or through the customer service site set up by PIXMINDS DISTRIBUTION.
2-COVERAGE OF THE OFFER
The geographical area covered by the PIXMINDS DISTRIBUTION online store is as follows: European Union, Great Britain and Switzerland.
3- CREATING AN ACCOUNT
To order products on the website, the customer must create an account by providing the information requested in the registration form.
To this end, the customer declares that he/she will provide complete and accurate personal information that will enable his/her precise identification in any situation.
Any whimsical or slanderous personal information may result in the closure of the customer’s account and the cancellation of the order.
When creating an account, the customer chooses a login and password. The customer undertakes to keep his login and password confidential.
This account can be accessed at any time by the customer using his login and password.
The customer is responsible for all actions carried out on the website using his/her login and password. Any user registered on the site will be bound
for any order placed with the seizure of its identifiers, subject to the right of withdrawal of article 16.
4-CONTRACTUAL DOCUMENTS
The sales contract concluded between the parties comprises, in decreasing order of legal value, the following documents:
- The present general conditions of sale
- The order form sent by the customer
The order confirmation sent by PIXMINDS DISTRIBUTION
5-STOCK AND AVAILABILITY
The products offered on the website are accompanied by an indicative period of availability and delivery times. This information is updated regularly.
A product mentioned “in stock” is present in PIXMINDS DISTRIBUTION’s own inventory. The actual availability of a product may vary rapidly according to
sales made on the website or product stock.
6- CONTROL SOCKET
The customer can place an order, in French, English or German, directly on the website, after entering his login and password, in accordance with article 3.
By browsing the various sections of the website, customers can place the products of their choice in their shopping basket by clicking on the “Add to basket” button. At any time up to confirmation of the total order, the customer may change his or her mind, alter quantities or cancel one or more of the products selected.
Each of the steps involved in the sale is detailed on the website.
For any request for information or any order, the customer is responsible for any telecommunication costs incurred when accessing and using the Internet, or when calling the website’s customer service department.
Pursuant to the provisions of Article 1369-5 of the Civil Code, the customer will have the opportunity to check the details of his order and its total price and, if necessary, correct or modify it before finally confirming his order to express his acceptance.
PIXMINDS DISTRIBUTION can not be held responsible for data entry errors by the customer, or their possible consequences in terms of delay or error of delivery. In such cases, the customer will be responsible for any costs incurred by reshipment.
Once the contents of the shopping basket have been validated, the customer will confirm the order by :
- Completing all the requested information ;
- I hereby declare that I accept all the terms and conditions of sale without reservation;
- Confirm with payment.
Validation of the order by the customer’s “click” implies acceptance of the prices and characteristics of the products purchased by the customer.
7-ORDER CONFIRMATION
Once the order has been validated by the customer according to the terms of article 6, a confirmation e-mail, acknowledging receipt of the order and including all this information,
is sent by PIXMINDS DISTRIBUTION to the customer as soon as possible.
The order will only be considered final once PIXMINDS DISTRIBUTION has sent the customer the confirmation email referred to in Article 7,
and the sale of the product(s) will only be confirmed once the corresponding price has been paid by the customer.
In the event that a product ordered by the customer is unavailable, particularly due to a production stoppage, PIXMINDS DISTRIBUTION undertakes to inform the customer
by e-mail as soon as it becomes aware of this unavailability.
PIXMINDS DISTRIBUTION will then indicate to the customer, if necessary, the new deadline within which the product concerned will be made available and offer him, if available, an equivalent product.
In the event that the customer refuses to wait for the product to become available, or refuses an equivalent product, the customer will be reimbursed the price of the product if his/her bank account has been debited, within 14 days of the date of confirmation of this refusal.
In accordance with the provisions of article L.122-1 of the French Consumer Code, PIXMINDS DISTRIBUTION has the right to refuse any order for a legitimate reason,
notably in the case of payment problems, foreseeable difficulties with delivery, abnormal orders or orders placed in bad faith.
PIXMINDS DISTRIBUTION reserves
the right to request proof of identity by e-mail and/or telephone, in which case the customer will have the option of cancelling the order.
8-DURATION OF OFFER
Product and price offers are valid as long as they appear on the website, it being specified that the website is updated daily.
Product offers are subject to availability. In the event that a product is unavailable, particularly due to a stock shortage,
PIXMINDS DISTRIBUTION undertakes to remove it from the website as soon as possible.
9- PRICES - INVOICING
The prices of the products indicated on the website are expressed in Euros all taxes included or in Pound (£). The price guaranteed to the customer is that displayed in Euros (€) on the PIXMINDS DISTRIBUTION website at the time of the order.
The price fixed at the time of purchase is firm and final. The price of the products does not include delivery charges, which will be indicated to the customer either when the order is placed on the website, or when the customer calls customer service before validating the order. These costs are borne by the customer.
For deliveries of products outside France, the provisions of the French General Tax Code relating to VAT will apply.
Any change in the applicable rate may be reflected in the sale price of the products in the catalog.
For deliveries outside the European Union, the customer must pay any customs duties, VAT or other taxes due on the importation of products into the country
of the place of delivery.
All related formalities are also the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the importability
of the products ordered with regard to the laws of the country of delivery.
An invoice will be issued by PIXMINDS DISTRIBUTION.
PIXMINDS DISTRIBUTION reserves the right to modify prices at any time and without notice, but the price applicable to the customer’s order will remain the one indicated in the summary of
his shopping cart when validating his order.
The prices displayed online or resulting from the order are guaranteed, unless they prove to be, notably due to an error
or technical malfunction, computer bug, derisory or not in conformity with the actual sale price of the product.
10-PAIEMENT
Payment of the full price is due upon confirmation of the order by the customer on the website.
The customer undertakes to pay the price stipulated for the product ordered on the website (price of products and transport) and to pay or have paid, where applicable,
directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the importation of products into the country of delivery.
The customer can pay for his order :
- By PayPal.
- By Shop Pay
The customer then guarantees to PIXMINDS DISTRIBUTION that he has the necessary authorizations to use this method of payment when placing the order.
PIXMINDS DISTRIBUTION implements all necessary means to ensure the security and confidentiality of data transmitted on the site (including online payment).
To this end, the site uses a remote payment system and SSL encryption of data, which is never transmitted unencrypted over the network. In addition, the transaction is carried out via Société Générale’s e-transaction banking platform, which alone has access to the confidential information (card number, validity date) supplied by the customer
at the time of payment.
11-DEFAULT OF PAYMENT - RETENTION OF TITLE
The products ordered remain the property of PIXMINDS DISTRIBUTION until final and full payment of their price in accordance with the terms of Law No. 80 335 of May 12, 1980. PIXMINDS DISTRIBUTION reserves the right to reclaim products ordered in the event of non-payment.
In this case, and at the first request of PIXMINDS DISTRIBUTION, the customer undertakes to return any unpaid product, at their own expense.
12-RISK TRANSFER
During the withdrawal period mentioned in article 16 below, the customer is responsible for the item as its custodian. In the event of deterioration or destruction of the
product while in the customer’s custody, the customer will suffer all consequences (see Conditions 13. Delivery below).
13-DELIVERY
As a general rule, once payment for the order has been received, the products will be delivered to the delivery address indicated by the customer when the order was placed at
.
PIXMINDS DISTRIBUTION undertakes to deliver the items ordered as soon as possible depending on the delivery method chosen and the availability of the items.
The delivery times indicated on the site are the usual average times and correspond to the total processing and delivery times.
The delivery time will be indicated to the customer during the order placement procedure, prior to the validation of the order and before payment.
Products are delivered to the address indicated by the customer at the time of ordering. The information provided by the customer when placing an order is binding:
in the event of an error in the recipient’s contact details, the seller cannot be held responsible for the impossibility of delivering the product.
In this case, the costs incurred for a new delivery will be borne by the customer and invoiced at their actual cost.
When making a telephone appointment with the carrier, the customer must expressly point out any access or passage difficulties that the delivery personnel may encounter.
The customer will have to measure the access passages of his residence in order to confirm to the carrier his accessibility to the ordered product.
The customer undertakes to be present on the day of delivery agreed with the delivery person and to check the conformity of the order on receipt.
In the event of the customer providing false information or taking erroneous measurements, any additional costs relating to the rental of elevators, storage or return of goods will be borne exclusively by the customer.
All additional costs related to the rental of elevators, storage or related to the absence of the customer and risks of damage resulting from these constraints will be borne by the customer.
A delivery service using a gondola through the window could be studied. This service will entail an additional cost which will be billed to the customer; a quotation can be provided on request.
In the event of late delivery, the customer may cancel the sale in accordance with article L.138-1 of the French Consumer Code, provided that the delay
in delivery is not attributable to the customer, in particular in the event of unavailability to accept delivery.
The delivery of the product is validated by the control and traceability system used by the carrier.
On delivery, the customer must check the contents, conformity and condition of the product(s). PIXMINDS DISTRIBUTION recommends that the customer check the contents, conformity and condition of the package(s) in the presence of the carrier upon delivery. If the customer has any doubts whatsoever about the condition or contents
of his package, he must check the condition of the goods received and make precise and detailed handwritten reservations, dated and signed as follows: on the delivery slip provided by the carrier, in the presence of the deliveryman. And in any case, notify the company PIXMINDS DISTRIBUTION by letter addressed to PIXMINDS DISTRIBUTION 45, route d’Apremont 73000 BARBERAZ, FRANCE. Verification of the delivered parcel is deemed to have been carried out, and may no longer be contested, once the customer or any person authorized to receive
the parcel has signed the delivery note.
PIXMINDS DISTRIBUTION shall not be held liable under any circumstances.
If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the customer. Products must be collected from the address and in the manner indicated by the carrier.
If the Products are not collected within the time limit set by the carrier, they will be returned to PIXMINDS DISTRIBUTION, which reserves the right to reimburse the Customer for the price of the Products, with
shipping costs remaining the responsibility of the Customer.
14-MAJOR FORCE
Cases of force majeure are expressly considered to be those generally accepted by the jurisprudence of French courts.
The occurrence of a case of force majeure will initially suspend, ipso jure, the execution of the order.
If, after a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
15-CLAIMS
Claims for non-conformity of the product(s) delivered with the order must be made in writing directly to PIXMINDS DISTRIBUTION
immediately upon receipt. The customer must retain the packaging and delivery note.
In case of error on the product, the customer agrees to return the product or products concerned as soon as possible to PIXMINDS DISTRIBUTION under the condition that
they are returned without opening their packaging, in their original condition and packaging with accompanying documents. Return shipping costs are the responsibility of
PIXMINDS DISTRIBUTION.
Upon receipt of the product in due form, PIXMINDS DISTRIBUTION will return, at its expense, the product originally ordered.
16-RIGHT OF WITHDRAWAL
Within a period of 14 working days (from receipt of the last item ordered in the case of a multiple order) from delivery
of his order, the customer has the right to return, at his own expense, for exchange or reimbursement, any products that do not suit him in accordance with article L. 121-21
of the French Consumer Code.
If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The returned product must be in its original condition and packaging. It must not have been used, nor have it suffered any deterioration, however slight, and it must be perfectly clean
. This right of withdrawal is exercised without penalty, with the exception of the cost of return.
Upon receipt of the product, the customer will be reimbursed for the sums paid, according to the means of payment used at the time of the order.
If the right of withdrawal is used for only part of the order, only the price invoiced for the returned products will be reimbursed.
In the event of partial cancellation of the order, the customer who, at the time of the initial order, would have benefited from free delivery due to the fact that the order exceeded a certain amount
, may be recharged for the delivery costs corresponding to the actual order, if the latter fell below the free delivery threshold.
As an exception, the right of withdrawal may not be exercised for contracts listed in article L.121-21-8 of the French Consumer Code, including in particular contracts for the supply
of goods made to the consumer’s specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.
In accordance with the regulations in force, the right of withdrawal cannot be exercised for audio, video or computer software recordings unsealed
by the customer, goods made to customer specifications or customized and goods unsealed by the customer and which cannot be returned for reasons of hygiene or
health protection.
Products must be returned to PIXMINDS DISTRIBUTION at the following address: PIXMINDS DISTRIBUTION 45, route d’Apremont 73000 BARBERAZ, FRANCE.
Products must be returned in their original packaging, properly protected. They must be in perfect resaleable condition. Any product returned incomplete, spoiled, washed, damaged, deteriorated or soiled, even partially, will not be reimbursed or exchanged.
The customer returns the products. We recommend that you keep a proof of return to facilitate procedures in the event of problems arising during transport.
Except in the case of lack of conformity or hidden product defects, return shipping costs are at the customer’s expense.
17-WARRANTY
The information and descriptions mentioned for each product sheet, in particular the photographs, technical characteristics and description, are communicated by
PIXMINDS DISTRIBUTION.
In accordance with article L.111-1 of the French Consumer Code, PIXMINDS DISTRIBUTION’s objective is to inform the customer and enable him/her to know the essential characteristics of the product.
Before shipment, the products delivered to the customer are checked to ensure that they conform to the description given on the website.
It is however specified that, for technical reasons (photographic and computer), the actual rendering of the products may sometimes differ slightly from that of the photographs presented on the Site.
Notwithstanding, where applicable, the specific warranty conditions from which the customer benefits in respect of the product in question, the products presented on the website are subject to the legal warranty conditions
below.
According to article L.217-4 of the French Consumer Code: “The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
According to article L.217-5 of the French Consumer Code: “The goods conform to the contract:
- Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller
and accepted by the latter”.
According to article L.217-12 of the French Consumer Code: “Action resulting from a lack of conformity is barred after two years from delivery of the goods”.
According to article L.217-16 of the French Consumer Code: “When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase
or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained
to run. This period runs from the date of the buyer’s request for service or from the date the goods in question are made available for repair, if the goods are made available after the request for service.
According to article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold which render it unfit for its intended use,
or which so diminish that use that the buyer would not have purchased it, or would have paid a lesser price for it, had he been aware of them”.
According to article 1648 paragraph1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.
Consumers have a period of two years from the date of delivery of the goods to invoke the legal warranty of conformity in the event of a defect
. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal guarantee of conformity gives the consumer the right to repair or replace the good, free of charge and without major inconvenience.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods if :
- The professional refuses to repair or replace the good;
- Repairing or replacing the good causes a major inconvenience for the consumer;
- The property’s non-conformity persists despite the seller’s unsuccessful attempt to bring it into conformity.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the product for repair or replacement suspends the remaining warranty period until delivery of the repaired product.
The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the French Consumer Code.
The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from
the discovery of the defect. This guarantee entitles you to a price reduction if the item is kept, or to a full refund in exchange for the return of the item.
To invoke the legal guarantee of conformity, customers must contact customer support(support@lexip.co) to request the application of the legal guarantee of conformity.
Proof of purchase must be provided for a claim to be valid.
The products concerned must be sent by post in packaging suitable for transport to
. Products must be returned in the condition in which they were received with all components (accessories, instructions, disclaimer, etc.). The cost of returning the product to
will be reimbursed on the basis of the invoiced rate and on presentation of supporting documents.
18- CONDITIONS OF USE
Before ordering and using any products, the customer must read all the information provided on the website, find out about the characteristics
and the components of the products, and ensure that they are compatible with the use he/she wishes to make of them.
The customer undertakes to systematically comply with the instructions for use indicated by the manufacturer on the packaging and in the instructions for use of the products before any use.
For any further information concerning the characteristics of the products, the customer service department is at the customer’s disposal.
19-NOMINAL INFORMATION
The personal information requested from the customer is essential for the processing and delivery of orders, the preparation of invoices and any warranty contracts. For these purposes, this information may be communicated to contractual partners of PIXMINDS DISTRIBUTION. In addition, PIXMINDS DISTRIBUTION may also communicate
this data in response to an injunction from the judicial or administrative authorities.
The customer may object to such communication and, in accordance with the French Data Protection Act of January 6, 1978, has the right to access, modify, rectify and delete data concerning him/her by contacting PIXMINDS DISTRIBUTION 45, route d’Apremont 73000 BAREBRAZ, France or via the “contact” form on the site.
In order to limit fraud, PIXMINDS DISTRIBUTION may ask the customer for proof of identity or address. PIXMINDS DISTRIBUTION thanks
the customer for his understanding.
The website is designed to be particularly attentive to customer needs. Cookies are used to indicate that a customer has visited the
website to build up a shopping basket.
Customers may prevent cookies from being stored on their computer’s hard drive by configuring their browser.
In order to respond to customer needs and ensure optimal remote service, PIXMINDS DISTRIBUTION is required to record certain personal data
(last name, first name, address).
PIXMINDS DISTRIBUTION undertakes to respect the confidentiality of personal data communicated by customers on the website and to process them
in compliance with the French Data Protection Act of January 6, 1978, as amended and currently in force.
20-SUSPENSION - TERMINATION
The customer may cancel his registration on the website at any time and close his account. To this end, the customer must send a cancellation request to Customer Service.
In the event of a breach by the customer of one of its contractual obligations, particularly in the event of a payment incident, PIXMINDS DISTRIBUTION reserves the right to suspend the customer’s access
to the website and services of PIXMINDS DISTRIBUTION, or even to terminate the customer’s account depending on the degree of seriousness of the breach. PIXMINDS DISTRIBUTION reserves the right to refuse any order from a customer with whom there is any dispute.
21-ELECTRONIC SIGNATURE
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
22-PROOF
The computerized registers, stored in the computer systems of PIXMINDS DISTRIBUTION in reasonable conditions of security will be considered as proof
of communication, orders and payments between the parties.
Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
It is expressly agreed that PIXMINDS DISTRIBUTION and the customer may communicate with each other electronically or by telephone. Technical security measures
are in place to ensure the confidentiality of data exchanged.
PIXMINDS DISTRIBUTION and the customer agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of orders.
23-INTELLECTUAL PROPERTY
PIXMINDS DISTRIBUTION owns the intellectual property rights to the website, which includes elements such as sounds, images, photographs, videos, writings, animations, programs, graphic design, database utilities, software, and other underlying technology, and the right to distribute the elements shown in the catalog of the website
, in particular the photographs, for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and catalog, their use and their provision to third parties are strictly forbidden.
Apart from any solicitation on its part, PIXMINDS DISTRIBUTION prohibits any hypertext link to the website. A customer wishing to place on
his personal website a link referring directly to the home page of the website, must first request the express permission of
PIXMINDS DISTRIBUTION.
24- ENTIRE CONTRACT
The present general terms and conditions of sale express the entirety of the obligations of the parties.
No other general or specific condition communicated by the customer may be integrated into or derogate from the present general conditions.
25-NON-WAIVER
The fact that PIXMINDS DISTRIBUTION does not take advantage of a breach by the customer of any of its obligations may not be interpreted as a waiver
to the obligation concerned and to take advantage of this breach later.
26-NULLITY
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full scope and effect.
27-RESPONSIBILITIES
The products presented on the website comply with current French legislation and standards applicable in France.
PIXMINDS DISTRIBUTION undertakes exclusively to comply with the legal provisions applicable in France. No regulation specific to the country of delivery and/or consultation
of the website can be opposed to PIXMINDS DISTRIBUTION.
The customer is solely responsible for compliance with the regulations applicable in his country of residence or in the country of destination of the products. It is the customer’s responsibility to check with
the local authorities concerned for any restrictions on the import, export or use of the products he/she intends to order on the website.
The service provided by PIXMINDS DISTRIBUTION is limited to the supply of products under the conditions described in the general conditions of sale. Under no circumstances can PIXMINDS DISTRIBUTION
be held responsible for the advice, recommendations and conditions of use of products provided by manufacturers on the
website or in their instruction manuals.
The liability of PIXMINDS DISTRIBUTION is limited to direct and foreseeable damage that may result from the use by the customer of the website and products.
PIXMINDS DISTRIBUTION is not liable for damages resulting from the customer’s fault in using the products.
PIXMINDS DISTRIBUTION shall not be held liable if the non-performance or improper performance of its own obligations is attributable to the customer, to the unforeseeable
and insurmountable act of a third party unrelated to the delivery of the products, or to an unforeseeable, irresistible and external case of force majeure.
In general, PIXMINDS DISTRIBUTION cannot under any circumstances be held liable for any indirect or unforeseeable damage caused
in connection with the use of the website and the ordering of products.
PIXMINDS DISTRIBUTION cannot be held responsible for content available on other sites or internet sources accessible by means of
hypertext links inserted on the website (and in particular for advertising, products, services or any other information), nor for damages of any kind that may be suffered by the customer when visiting these sites.
Use of the website implies knowledge and acceptance by the customer of the characteristics and limits of the Internet and related technologies, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by any viruses circulating on the network.
As PIXMINDS DISTRIBUTION is itself dependent on the quality of the internet network, it does not guarantee the continuity of the website and does not ensure the correction of any defects found
on the internet network. Consequently, PIXMINDS DISTRIBUTION cannot be held responsible for any unavailability of the website or any difficulty or interruption of the connection (malfunction of the servers, telephone line or any other technical connection) when using the website or, more generally, for any disruption of the internet network, affecting the use of the website. Within this framework, PIXMINDS DISTRIBUTION is not responsible for sending forms to an incorrect or incomplete address, for any computer errors or defects noted on the site.
Subject to provisions to the contrary, the website can be accessed from any location, provided that minimum technical conditions are met, in particular
in terms of access to the Internet network, mobile telephony and the technical compatibility of the equipment used by the customer. Given the global nature of the Internet,
the customer agrees to comply with all rules of public order relating to the behavior of Internet users and applicable in the country from which he/she uses
.
28-DIFFERENCES
These terms and conditions are governed by French law. Only the French version of these terms and conditions is binding.
In the event of any difficulty arising in connection with the order, the delivery of the products or, more generally, the execution of the sale, the customer shall have the possibility, before taking any legal action
, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his choice.
Appendix 1 - Consumer Code Civil Code
Article L211-4 of the French Consumer Code
Article L211-5 of the French Consumer Code
“To conform to the contract, the good must :
1. Be fit for the use ordinarily expected of similar goods and, where applicable :
- Correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model.
- Have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 Consumer Code
Article L211-16 Code de la consommation
Article L648 paragraph 1 Civil Code
Appendix 2 - Withdrawal form
Please complete and return this form only if you wish to withdraw from your order placed on www.lexip.co (products sold and shipped by PIXMINDS DISTRIBUTION) – unless exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
Attention: PIXMINDS DISTRIBUTION – 45 route d’Apremont 73000 BARBERAZ, France
I hereby notify you of my withdrawal from the contract for the sale of the goods / for the provision of the service (*) below:
Ordered on ……………………………………..
Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of consumer(s) :
………………………………………………………………..
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date: ………………………………………………………………..
(*) Delete as appropriate