The present conditions of sale are concluded by:
on the one hand, the company PIMPONETTE SARL with a capital of 10.000 euros whose head office is Château de Vaudieu 503 Courthézon Road, 84230 Châteauenuf du Pape, registered in the trade register and companies of Avignon under the number 508 545 027, hereinafter referred to as "Pimponette"
and on the other hand, any natural or legal person wishing to make a purchase via the website www.pimponette.com hereinafter referred to as "the buyer". The boutique shop Pimponette 24 Avenue Baron le Roy 84230 Châteauneuf du Pape is open from Tuesday to Saturday from 10h-12h and 14h30-18h30. If you have any questions, do not hesitate to contact us at +33 4 90 39 12 31 or by e-mail at firstname.lastname@example.org.
The present conditions of sale aim at defining the contractual relations between Pimponette and the purchaser, and the conditions applicable to any purchase made through the commercial site of Pimponette, that the purchaser is professional or consumer.
The acquisition of a good or a service through the present site implies an acceptance without reserve by the purchaser of these conditions of sale.
These conditions of sale will prevail over all other general or special conditions not expressly approved by Pimponette.
Pimponette reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
2.CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED
The products and services offered are those listed in the catalog published on the site of Pimponette. These products and services are offered within the limits of available stocks.
Some of the products can be personalized from a photo or text.
The photographs in the catalog are as faithful as possible but can not ensure a perfect similarity with the product offered, especially as regards customizations.
3.MODALITIES OF ONLINE PURCHASES
To order the desired items, enter in their product sheet by flashing on their photo or reference. Choose between the object to customize by clicking on "customize" or the object ready in the state by clicking on "add to cart".
If you have chosen a custom item:
You will be asked to choose the different options.
- Choose the fabric: from those proposed, click on the photo of the fabric to retain it
- Choose the line: different frames are offered for personal items of a given name or text. For custom products of a photo or text, trims of different colors are proposed. Click on it of your choice.
- Choose a node. This option is not available on all items. When this is the case, you can choose a knot from the wide selection of coarse ribbon colors.
- Photo, text, monogram: 3 fields open in which you are invited, either to upload your photo, to write your text, or to write your monogram. in the case of text, a confirmation invites you to check your text and mention a comment if necessary. In case you have downloaded a photo, last step, you must place your photo inside the strip adjusting it to the best to validate the framing. You can leave a comment if necessary. You can then click on "add to cart"
If you chose a non-personalized item:
You are invited to click on "add to cart". You can then click on "see my basket" to view your selected articles or click on "continue shopping ».
4.REGULATIONS RELATING TO PERSONALIZED CREATIONS
- Terms of provision by the Customer of his creations and visuals
For the purposes hereof, the Customer places at the disposal of PIMPONETTE Creations that must comply with the following technical specifications:
Terms relating to the provision of photographs
- The downloaded image must be of sufficient quality to allow the design of the personalized PIMPONETTE objects and will comply with the following technical criteria: JPEG, TIF or EPS file, 4 MB maximum.
- The Customer declares that the files and the data that he transmits to PIMPONETTE are in no case original files and data, but a copy of these original files which he keeps. The Client acknowledges and accepts that PIMPONETTE does not bear any liability for the loss of files and data transmitted by him to PIMPONETTE.
Before placing an order, the Customer declares that the visual is free of rights or in any case that he alone holds the moral and economic rights pertaining thereto. In particular, he declares under his responsibility to have obtained the agreement of the persons who could be photographed or their successors.
Prohibited creations and visuals
The Customer undertakes to place at the disposal of PIMPONETTE only Creations and Visuals which are not contrary to the laws and regulations in force, and in particular to the law of 29 July 1881 on the freedom of the press.
The Customer thus guarantees the PIMPONETTE that the Creations and Visuals that he puts at his disposal are not constitutive, without this enumeration being exhaustive:
Measures of moderation and control by PIMPONETTE creations and / or visuals
- apology for crimes against humanity or war crimes, apology for Nazism, apology for crimes or offenses, challenges to the existence of crimes against humanity;
- undermining the dignity of the human person;
- violent or pornographic content;
- content that violates public order or morality;
- content representing a minor, or a person whose physical appearance is that of a stripped miner;
- inciting or provoking the commission of an offense;
- incitement to suicide;
- provoking discrimination, hatred or violence against a person or group of persons on the basis of their origin, sex, family status, physical appearance, their surname, health status, disability, genetic characteristics, mores, true or perceived sexual orientation, age, political opinions, union activities, true or alleged to an ethnic group, nation, race, or religion;
- invasion of privacy, privacy or image rights of individuals;
- invasion of privacy by recording, recording or transmitting, without the consent of the author, words spoken privately or confidentially;
- an invasion of privacy by the fixation, registration or transmission, without the consent of the latter, of the image of a person in a private place;
- breach of the presumption of innocence;
- editing done with the image of a person without his consent, if it is not obvious that it is a montage or if it is not expressly mentioned;
- defamation or insult;
- infringement of an intellectual property right;
- of receiving the proceeds of a crime or offense;
- breach of professional secrecy, secrecy of correspondence, or the secrecy of National Defense.
Colors on the screen
- The Customer acknowledges and accepts that PIMPONETTE is free to proceed, in a discretionary manner, to the selection of Creations and Visuals submitted by the Customer before printing on personalized objects.
- PIMPONETTE reserves the right to refuse any Creation and / or Visual that could violate the law and any regulation applicable to public order, respect for human dignity, the protection of minors and their image, morality , and more generally to his interests.
- The Customer acknowledges and accepts that PIMPONETTE has the faculty to reject a Creation and / or a Visual, without having to motivate this rejection.
- The Customer acknowledges and accepts that PIMPONETTE does not support any obligation of hosting and dissemination on its website of Creations and / or Visuals made available to it.
The Customer will make sure that he has sufficient technical resources, computer equipment that is sufficiently powerful to correctly display the colors. PIMPONETTE can not be held responsible for the possible color difference "screen / reality ».
The Customer acknowledges PIMPONETTE a right of recall on all the personalized objects that it has printed at his request that may contravene the laws and regulations in force, public order, morality, these general conditions and more generally to rights of third parties and which could not have been detected during the moderation and control measures put in place by PIMPONETTE during the processing of the order.
6.LICENCE OF INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges and accepts that the License for distribution and printing is granted to PIMPONETTE free of charge.
Respect for the moral rights of the Client, author of the Creation or Visual
- It is expressly agreed between the parties that the Customer remains the sole owner of all its intellectual property rights and that the Contract does not have the effect of transferring these rights to PIMPONETTE to which the Customer grants only one license as it is stipulated below.
- For the realization of the object hereof, the Customer grants by a non-exclusive license (hereinafter referred to as "the License"), to PIMPONETTE, all the intellectual property rights he holds and which are recognized to him. by the legislative or regulatory provisions of all countries, as well as by international conventions, current and future, and pertaining to each of the Creations and / or Visuals, as soon as they are made available to the Customer by the Customer.
- The License is granted from the entry into force of the Contract for the entire term of protection of the intellectual property rights applicable to the Creations and for the whole world.
- Subject to the other provisions of this contract, and in particular of the option of refusal of publication on the site, the License carries the right for PIMPONETTE to exploit all or part of the Creations and / or Visuals on its Internet site for the purpose of diffusion Creations and / or Visuals and printing objects as it is said below.
- PIMPONETTE undertakes to respect the moral rights of the Client, author of the Creation or Visual.
- Given the format of the sticker, PIMPONETTE is expressly authorized by the Client, author of the Creation and / or the Visual to not reproduce his name on the customizable sticker of the object.
PIMPONETTE can in no way be held responsible for the physical impossibility of reproducing the name of the author of the visual on the sticker.
7.GARANTIES - REMEDIES FROM THIRD PARTIES
- The Client guarantees to PIMPONETTE the enjoyment and peaceful exercise of all the rights attached to the Creations and / or Visuals placed at his disposal.
The Customer thus warrants PIMPONETTE against any trouble, action, claim, opposition, claim and eviction whatsoever from a third party that would support that one of the Creation or one of the Visuals violates his rights, as well as against any damage or liability incurred. in the exercise of the rights attached to the Creations and / or Visuals.
- As such, the Customer guarantees in particular:
The Customer declares and guarantees in particular the fact of having acquired any right or authorization necessary for the use of the visual and in particular the authorization of third parties to use their image or that of those which they represent legally and / or to make public information in the field of privacy and / or exploit any element protected by an intellectual property right (copyright, trademark, designs, etc.). PIMPONETTE reserves the right to ask the client to present any third party authorization if necessary.
Accordingly, the Customer will bear all costs incurred by PIMPONETTE in its defense, including legal fees, all damages and interests, costs and expenses not included in the costs to which PIMPONETTE could be condemned by a court decision become final or enforceable, finding the infringement of a copyright, trademark, or any other right of ownership.
- that he is indeed owner of the intellectual property rights granted to PIMPONETTE in application of the present General Conditions;
- that all or part of the Creations and / or Visuals does not constitute an infringement;
- that the Creations do not include any element on which a third party could claim property rights, in particular a copyright or a right related to the copyright, nor the rights of the personality;
- that the Creations and / or Visuals are not contrary to the laws and regulations in force and do not constitute one of the illicit contents enumerated by the article 4.3 hereof;
The prices listed in the catalog are prices inclusive of VAT, taking into account the VAT applicable on the day of the order. Any customs fees to be paid are the responsibility of the buyer.
Pimponette reserves the right to modify its prices at any time, it being understood however that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
If you wish to cancel your order, you must send an e-mail to email@example.com to ensure that your order is not being processed. If your order has already been prepared, customized or shipped, it will unfortunately not be canceled.
10.POLICY OF RETURN
According to Article L 121-20-1 of the French Code, buyers, non-professional individuals, benefit from a withdrawal period of fourteen days from receipt of their order to return the product to the seller for exchange or refund without penalty, except for the return costs. Return charges are the responsibility of the buyers. Returns of the product is to be made at the following address: Atelier Pimponette 24 Bis Avenue Baron le Roy 84230 Chateauneuf du Pape. When the right of withdrawal is exercised, Pimponette is required to refund all the sums paid as soon as possible and at the latest within fourteen days from the date on which it is informed of the buyer's decision to retract.
However, this right of withdrawal does not apply to sales of personalized products.
In the same way, any personalized object can not be refunded or exchanged unless there is a significant manufacturing defect or a miscellaneous error in the personalization. In this case only, you will have to send an e-mail to: firstname.lastname@example.org to obtain the exchange of the concerned product.
11.MODALITIES OF PAYMENT
The price is due when ordering.
Payments will be made by Paybox or credit card. They will be made through Banque Populaire Méditerranée's secure Cyberplus Paiement system, which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can read it at during the transport on the network.
12.DELAY OF TREATMENT
The processing time of the order of the personalized objects is 4 (four) working days from the validation of the order by the acceptance of the payment to which is added the time of routing, by PIMPONETTE, which varies according to the destination address. An e-mail informing about the status of his order will be sent to the Customer upon registration of the order.
Deliveries are made to the address indicated in the order form, which can only be in the agreed geographical area. It is the buyer's responsibility to verify the accuracy of the address.
The risks are the responsibility of the purchaser from the moment the products left the premises of Pimponette. In case of damage during transport, the reasoned protest must be made to the Post Office within seven days of delivery.
Delivery times are only indicative; If they exceed the indicated deadlines, Pimponette undertakes to open an inquiry with the Post Office.
All the products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code.
In case of nonconformity of a product sold, it can be returned to the seller who will take it back, exchange it or refund it.
All claims, requests for exchange or refund must be made within thirty days of delivery by mail to email@example.com or by post to the following address: Atelier Pimponette 24 Bis avenue Baron le Roy 84230 Chateauneuf du Pape.
The seller, in the process of selling online, is bound only by an obligation of means; it can not be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, break of the service, or other involuntary problems.
All elements of the site of Pimponette are and remain the intellectual and exclusive property of Pimponette.
Nobody is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site that are software, visual or sound.
Any single link or hypertext is strictly prohibited without the express written consent of Pimponette.
Pimponette takes the confidentiality of personal data very seriously and is committed to protecting the online data of the buyer. Pimponette collects, stores and uses only personal data to improve and personalize the service offered.
When purchasing products on www.pimponette.com, information such as the name, email address and mailing address of the buyer are requested for order processing and can be used to improve the content sent to the buyer from Pimponette by e-mail and by post.
In accordance with the law relating to data, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing.
Pimponette reserves the right to collect information about buyers including using cookies.
Buyers may object to the disclosure of their details by notifying them to Pimponette. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
18.POLICY OF COOKIES
A "cookie" is a text file used for various purposes such as:
- provide the best possible experience to the buyer on our website. Without them, Pimponette would not be able to let the buyer log in automatically or remember items left in his cart.
- show relevant products in banner advertising on other selected sites.
- help for analytical purposes. For example, knowing the number of visitors or simultaneous connections on our website over a period of time.
By visiting the Pimponette website with its browser settings adjusted to allow cookies, the buyer agrees to allow Pimponette to use them for the purposes described above.
It is important to remember that cookies can not be used to find the identity of a user. The buyer may at any time ask Pimponette not to share
19.SETTLEMENT OF DISPUTES
All disputes to which the GTC and the Order could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences will fall, in the absence of amicable settlement, the exclusive competence of the Court of AVIGNON.