GENERAL terms and CONDITIONS (GTC) April 25, 2018
The present General Conditions of Sale define the conditions and restrictions of sale which you agree to by clicking on the button "I have read and I agree to the terms and conditions of sale" during the execution of your purchases on the internet site www.pimper.fr. Thus, the fact of placing an order on www.pimper.fr implies whole adhesion and without reserve of the customer, these General Conditions of Sale ("GTCS"). www.pimper.fr may at any time modify all or any part of the provisions of these present General Conditions of Sale.
1. SELECTION OF PRODUCTS
To place an order on the site www.pimper.frthe customer shall select the desired products, including the use of the search form placed at his disposal. Based on the selected criteria, several products are available in the form of a list, with the possibility of adding it to the shopping cart or visit the product page. On this page, the customer selects the quantities he wishes to order as well as the characteristics associated with it (size, quantity, etc) to add to the basket. As soon as the client believes it has finalized his selection, he will have to add it to his shopping basket by clicking on the button provided for this purpose and then click on the " Order "button.
1.1. THE PRICE OF THE ITEMS
All our prices are indicated in euros All Taxes Included, excluding delivery charges.
www.pimper.fr may at any time modify its prices but commits to applying the current rates listed on the site at the time of the registration of the order, subject to availability at that date and its payment.
1.2. THE AVAILABILITY OF THE PRODUCTS
All orders will be honored within the limits of available stocks. In the event of a stock shortage, we promise to notify you by email within a period of seven days from the date of your order. You will then be able, if you wish, cancel the order. If the products ordered are no longer available, refund will be made to the office within a period less than or equal to ten days, by Credit Card or by Paypal to the bank account details recorded in the customer account. The availability displayed are specified are indicative and does not represent a contractual commitment. However, in agreement with the Chatel law, we will inform you as information the estimated delivery time of about 24 to 48 hours for items in stock Premium and up to 15 days for items in stock at the supplier. For articles in pre-order, please keep you informed of the delivery date, the time of each product is indicated on the corresponding product file, and during the payment process (stages of delivery).
1.3 THE GUARANTEE OF THE PRODUCTS
According to the decree n°78-464 of 24 march 1978, the provisions of these general terms and Conditions of sale may not deprive the Customer of the legal guarantee which obliges the professional seller to guarantee against all consequences of latent defects of the thing sold. The Customer is expressly informed that the company DIGITI operator to pimp out® is not the manufacturer of the products presented within the framework of its activity, in the sense of the law n°98-389 of 19 may 1998 concerning liability for defective products. Accordingly, in the case of damage caused to a person or property by a defective product, only the responsibility of the Creator thereof may be sought by the Client. In addition, DIGITI stresses that the products, services and information proposed by pimped it does not in any way substitute for the vigilance of our customers. For products sent through the Premium service to pimp out (marked in the tab "SHIPPING & RETURN" on the page of each product) : the Customer must contact pimped it to the following address : firstname.lastname@example.org. For products sent directly by the manufacturer : pimp out disclaims all liability in respect of the guaranteed by-product. The terms and conditions of warranty of products offered on www.pimper.fr are those agreed upon by the manufacturer. For any questions regarding the warranty of these products, the customer must contact pimped it to the following address : email@example.com. Pimp out as a trusted third party will put in relation the customer with the manufacturer and will ensure the smooth running of the application of safeguards.
2. THE COMMAND
Visualization of the basket and validation of the order : The buyer may check the details of the order (reference, amount) and the total price. It has the ability to change the composition of his command (adding or removing items), the amount being automatically updated. Thus, it can then confirm the order. The sale will be considered concluded on the date on which the purchaser will receive an e-mail confirmation of the order and after validation of the transaction by our banking service.
3. THE PERSONAL ACCOUNT
This personal account allows the customer to consult all its orders made on the website pimper.fr and to follow the progress of the order (payment accepted, preparation in progress, in the course of delivery and delivered). If the buyer has already placed an order on the website, he can directly access his account by providing their user id (email address) and password. If it is of the first order, the buyer must create an account on which he will indicate all the requested information necessary to the validation of his order. In accordance with the law n°78-17 of 6 January 1978 " informatique et Libertés ", the Customer has a right of access, rectification and deletion of data concerning him, recorded by www.pimper.fr. The pages relating to the personal account are freely printable by the buyer in question, but have only an informative character intended to ensure an effective management of his orders. The buyer must confirm his / her billing address, and shipping address, however the information and information issued by the buyer when the order engages this one. The concept store pimped it cannot be held liable in the event of an input error or incomplete details in the wording of the contact details of the recipient. Therefore, in case of delay as an error of delivery, all costs incurred by the shipper to reship the order will be fully borne by the buyer. The Customer can at any time contact pimp out and oppose the commercial use of his personal data recorded by pimp out. To do this, just send a message to firstname.lastname@example.org.
4. DELIVERY & RETURNS
4.1 THE TERMS AND CONDITIONS OF DELIVERIES
The delivery system adopted by the Site is the Drop-Shipping, that is to say, that after your purchase, the seller holds a direct shipment of your items. To view the terms and conditions of deliveries of the seller, you can simply go on the tab "DELIVERY & RETURN" on the product page. If ever you don't find answers, please contact the #TeamPimper : email@example.com. The buyer must now select the mode of delivery desired, it is then clearly informed of the price. Pimp out is a market-place, which means that we are a trusted third party : we manage everything except the delivery outside of the Premium service. Thus, it is the seller that you will send him directly the(s) product(s) that you have purchased. So if you buy several products, you buy them at several independent vendors located at different places in the world and you pay the shipping costs for each shipment. Our packages are therefore delivered by the courier selected by the seller. The date of delivery of an indicative is indicated in working days; excluding weekends and public holidays. The delivery period shall start from the date of shipment. The delivery Zones are also defined by the vendors. Pimp out is going to make every effort for your order to be delivered within the deadlines set and listed in our product sheets. Nevertheless, we cannot be held responsible for consequences due to late delivery or loss of a package caused by a third party or by you, or due to an unforeseeable and insurmountable cause constitutive of a case of force majeure.
4.2 INCIDENTS OF DELIVERY
The seller must make every effort for your order to be delivered within the planned timeframe. Nevertheless, it cannot be held responsible for the consequences due to a delay in delivery or loss of a package caused by a third party or yourself, or due to an unforeseeable and insurmountable cause constitutive of a case of force majeure. In case of shortage of stock and, accordingly, elongation of the time of delivery, the seller undertakes to notify you by e-mail within a maximum period of 3 days from the date of your order. In all cases, we will inform you of the situation as soon as possible. Finally, in the case of non-receipt of a parcel within the time specified, an investigation will be conducted with the carrier. The investigation may take several days, during which time no refund or return can be made. In case of absence of the buyer upon delivery, it undertakes to collect the parcel as soon as possible. If the buyer is not going to pick up the parcel, it is shipped back to the seller and the buyer agrees that the shipping fees he paid will not be refunded. On the day of delivery, we strongly recommend that you carefully check the package and verify the contents in the presence of the deliveryman before signing the delivery slip. Any claim relating to the contents and condition of packages must be notified of a clear and precise way to the carrier on the delivery slip that you will sign. You will also need to inform us within 24 hours of receipt of parcel by sending an e-mail to their Customer Service firstname.lastname@example.org, stating your contact details, your invoice number, the references of the items listed on the invoice and stating the reasons for your claim. Pimped it cannot be held liable for any failure of delivery or breach relating to delivery. The market place is not responsible for the damage or loss of shipped items by the sellers. In the event of loss of or damage to an article by the carrier, the compensation shall be according to the insurance taken or not taken by the seller.
5. FINALIZATION OF THE ORDER
After you have verified the details of the order and filled in the various required details, the buyer must, in order to further validate the mode of delivery and to acknowledge having read these General Conditions of Sale. The validation of the order implies, therefore, the acceptance without reservation of these General Conditions of Sale.
6. PAYMENT METHODS
The last step before the final validation of the order, the buyer must pay by PayPal or credit card (carte bleue, visa, mastercard) in the secure transaction SSH (Secure Socket Layer) using our modules in your bank. Important : you must have your mobile phone on which you will receive a code to fill out to finalize your order ! A complete summary of the order is then visible. After the validation of the order an e-mail address, billing and order confirmation with order reference, you will be sent to you in the shortest possible time. Once payment is confirmed, the buyer is redirected to a page on our site with an order summary detailing : the items purchased, quantities, prices, and the delivery mode chosen, the delivery cost, the total amount and the mode of payment. It can then print the order invoice on the customer account or return to the shop. The contract is concluded after receipt and verification by the service bank or by Paypal of bank details provided by the client. In the case of an error code or incorrect handling, your order will not be successful. It should be bringing you closer to your customer service in case of any doubt or problem. When you enter your bank details, you are directly in connection with the secure payment server (in https mode). All the data entered are immediately encrypted and cannot be intercepted or modified. Once the payment is made and confirmed, you will then be redirected to the Site. At no point in time the market place has access to numbers of your card, or keep these. Payments by credit card are subject to an automated treatment and are given to the bank once your order is placed in preparation.
7. USES OF PERSONAL DATA
In accordance with the French law n° 78-17 of 6 January 1978 relating to computers, files and freedoms, you have a right to access and rectify personal data concerning you. To exercise this right, you just have to make the request, specifying your name, surname and address, by e-mail at email@example.com The data that you have provided on the site are intended only for the Site and its service providers for the smooth processing of your requests and orders. If you have placed an order on www.pimper.fr or if you are a subscriber to our electronic newsletter, we may send you our commercial offers and information about our products by e-mail. You can of course request at any time not to receive these offers by sending an unsubscribe request by email to firstname.lastname@example.org
8. LIMITATION OF LIABILITY
The group DIGITI , owner-operator of the site pimped it as a trusted third party is subject to an obligation of means vis-à-vis the Customer. It is expressly agreed that any disruption in the supply of the service for any reason whatsoever, external intrusion or infection by computer virus, do not engage the responsibility of DIGITI. In case of dissatisfaction of a Customer for any reason whatsoever, he shall not be entitled to any compensation of refund of the part to pimp out, but may, at his request, receive a credit of a value equivalent to the purchased product.
All elements of the website www.pimper.fr whoever they are, are protected by copyright, trademarks or patents. They are the intellectual and exclusive property of pimp out®. The reproduction, use or redistribution of all or part of pimped it constitutes an infringement within the meaning of the Code of Intellectual Property.
10. RESOLUTIVE CLAUSE
Pimped it may, in its sole discretion and without prior notification to the Customer, suspend access to the site and/or the profile mentioned above, in the event of a breach by the customer of its obligations in the event of an intrusion or breach the integrity of the site, or for any other reason and particularly for technical reasons or management of the site.
11. RIGHT OF WITHDRAWAL
According to the law Hamon of the French consumer code, you have a period of 14 days to return, at your expense, a product that does not satisfy you. You will then be reimbursed for the value of the returned items. Will only be accepted if the items returned in new condition and complete in their original packaging. Any product that has been damaged or whose packaging has been damaged will not be returned or refunded. Similarly, the risk related to the transport when it returned (break-in, moves, losses) are, without exception, at your expense, waiving any recourse against the seller. All returns must first be reported to the Customer Service pimped it by mail to : email@example.com We will send you a return form and the address to which you will have to resend the(s) article(s). Don't forget to attach your invoice and the return voucher duly completed and signed. Once the product(s) returned(s) and found(s) conform(s) by the seller, you will receive the refund or the exchange within a period less than or equal to 14 days. The refund will be made to the billing address registered in the client account, by crediting the card used.
12. ALL OF THESE GTS
The nullity of a contractual clause of the GTC shall not entail the nullity of the entirety of these.
13. APPLICABLE LAWS AND COMPETENT COURT
The present general conditions of sale are governed by French Law. In case of dispute about their interpretation and/or execution, and in default of amicable agreement between the two parties, the only competent court will be that of the Tribunal of Commerce of Aix-en-Provence.
14. WAIVER OF LIABILITY
The products proposed comply with French legislation in force. Photographs and descriptions of the Items are present on the site are indicative, to help the buyer to make his choice. They have no contractual value. The Site cannot be held responsible for any failure to perform its obligations under these general conditions of sale for causes beyond its control and/or arising from a case of force majeure recognized as such by the French Courts and tribunals.
The owner, operator of the site pimped it may, in its sole discretion, at any time change the terms and Conditions of use and sale, in whole or in part. The changes are effective as of their publication on the Website and their entry into force on the date specified at the beginning of the present conditions.