TERMS OF SALES
In force on 01/01/2019
ARTICLE 1 - SCOPE
These General Conditions of Sale (so-called "Terms") apply without restriction or reservation to all sales concluded by the Seller from non-professional buyers ("Customers or Customer") wishing to acquire the Products offered for sale ("The Products") by the Seller on the website www.lexip.co.
The Products offered on the site are the following: Gaming Accessories.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the size or capacity of the Products, are presented on the website www.lexip.co. The Customer is required to read before ordering. The choice and the purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified at the time of placing the order.
These Terms and Conditions are accessible at any time on the website www.lexip.co and will prevail over any other document. The Customer declares to have read the present Terms and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering process of the site www.lexip.co. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows: Pixminds Distribution, Registered capital of 127 770 euros, registered at the Chambéry RCS, under number 425 010 451, whose head office is located at 45 route d'Apremont 73000 BARBERAZ, France, mail: firstname.lastname@example.org, Phone: +33 (0) 4 79 25 83 18.
Products presented on the www.lexip.co site are offered for sale for the following territories: all countries.
In case of order to a country other than Metropolitan France, the Customer is the Importer of the Product concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.
ARTICLE 2 - PRICING
The Products’ pricing is provided to the current ones listed on the site www.lexip.co, at the time of the recording of the order by the Seller.
The prices are expressed in Euros, HT and TTC.
The rates take into account any reductions that may be granted by the Seller on the website www.lexip.co .
These rates are firm and non-revisable during their period of validity but the Seller reserves the right, outside the validity period, to change prices at any time.
The prices do not include the costs of processing, shipping, transport of delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to the placing of the order.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the www.lexip.co website the Products he wishes to order, according to the following methods:
The Customer may place an order, in French, English, Spanish, Italian, German, Dutch or Chinese language, directly on the website, after having entered his identifiers, in accordance with Article 3.
By browsing through the various sections of the website, the Customer may place the Products of his choice in his shopping cart by clicking on the "Add to Cart" button. At any time and until confirmation of the global order, the Customer may change his mind, change the quantities and cancel one or more of the chosen Products.
Each of the steps necessary for the sale are specified on the website.
Once the contents of his shopping cart have been validated, the Customer will confirm his order by:
- Completing all the information requested;
- Declaring accept without reserve to the entirety of the general conditions of sale;
- Validating by payment.
The validation of the order by the "click" of the Customer implies acceptance of the prices and characteristics of the Products purchased by the Customer.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and report any errors immediately.
The Seller cannot be held responsible for any errors in the Customer's entry, nor for their possible consequences in terms of delays or delivery errors. In these cases, the costs incurred by a possible reshipment will be borne by the Customer.
Any order placed on the site www.lexip.co constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
For any request for information or any order, the Customer shall bear the costs of telecommunication during the access to the internet and the use of the, or when calling the Customer service of the website.
ARTICLE 3 A - CUSTOMER ACCOUNT
In order to place an order, the Customer has the possibility to create an account (personal space).
To do so, they must register by completing the form that will be proposed to them at the time of their order and undertake to provide sincere and accurate information about his marital status and contact information, including their e-mail address.
The Customer is responsible for updating the information provided. They are told that they can modify them by logging into their account.
The Customer may also request unsubscription by going to the dedicated page on their personal space or by sending an email to email@example.com. This will be effective within a reasonable time.
In case of non-compliance with our general conditions of sale and/or use, the site www.lexip.co will have the possibility to suspend or close the account of a customer after formal notice sent electronically and remained without effect.
Any account deletion, whatever the reason, causes the outright deletion of any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 - PAYMENT TERMS
Payment of the full price occurs upon confirmation of the order by the Customer on the website.
The Customer agrees to pay the price stipulated for the Product ordered on the website (price of Products and transport) and to pay or have paid, if any, directly to the forwarder or carrier, the customs duties, VAT or other taxes due on the occasion of the importation of the Products in the country of the place of delivery.
The price is paid by way of secure payment, according to the following terms:
- By credit card as proposed on the Site
The payment order made by credit card cannot be cancelled. The payment of the order by the Customer is irrevocable, without prejudice to the Customer to exercise his right of withdrawal. For an order via the website, the Customer confirms and guarantees that he is the holder of the credit card and that the latter gives access to sufficient funds to cover the payment of the order. Payment will be considered effective after confirmation of the agreement of the bank payment centres.
- By PayPal
The Customer then guarantees the Seller that they have the necessary authorizations to use this method of payment when placing the order.
The payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions carried out on the www.lexip.co website.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller will not be obliged to proceed to the delivery of the Products ordered by the Customer if they do not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
As a matter of principle, the delivery of the Products will take place, after registration of the payment of the order, to the delivery address indicated by the Customer during the placing of the order.
The Seller undertakes to make the delivery of the ordered items as soon as possible according to the delivery method chosen and the availability of the items. The delivery times indicated on the site are usual average times given by way of indication and correspond to the total time of treatment and routing.
The delivery time will be indicated to the Customer during the ordering process, prior to the validation of the order and before payment.
In case of absence of the consignee during the delivery, the carrier will deposit a notice of passage to the delivery address indicated by the Customer. Products must be picked up at the address and in the manner indicated by the carrier.
In the absence of collection within the deadline set by the carrier, the Products will be returned to the Seller, who reserves the right to refund the price to the Customer, the shipping costs remaining the responsibility of the Customer.
If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any cause other than Force Majeure or the fact of the Customer, the sale may be annulled at the written request of the Customer in the conditions laid down in Articles L216-2, L-216-3 and L-241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to them no later than 14 days after the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer has chosen to appoint a carrier of their own choice, the delivery is deemed made upon delivery of the Products by the Seller to the carrier who accepted them without reservation. The Customer acknowledges that the carrier is responsible for the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of particular request of the Customer concerning the conditions of packing or transport of the ordered Products, duly accepted in writing by the Seller, the related costs will be the subject of a complementary specific invoicing on estimate previously accepted in writing by the Customer.
Upon delivery, the Customer must check the content, compliance and condition of the Product(s). The Seller recommends to the Customer to check during delivery and in the presence of the carrier the contents, the conformity and the condition of the parcel(s). In the event that the Customer has any doubt of any nature whatsoever about the condition or the contents of his package, they will have to check the status of the goods received and issue precise and detailed handwritten reserves, dated and signed by the following way: on the delivery note provided by the carrier, in the presence of the deliveryman. And in any case, notify the company of the Seller by letter addressed to Pixminds Distribution 45 route Apremont 73000 Barberaz, France. Verification of the delivered parcel is deemed made and can no longer be disputed, provided that the Customer or any person authorized to receive the parcel has signed the delivery note.
The Seller will refund or replace as soon as possible and at their expense the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L217-4 and following of the French Consumer Code and those provided for in these Terms.
The transfer of the risks of loss and deterioration relating thereto will not be realized until the Customer physically takes possession of the Products. The Products travel at the Seller's risk unless the Customer chooses the carrier themselves. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products to the Customer will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the French Consumer Code:
"The consumer has a period of fourteen days to exercise their right of withdrawal of a contract concluded at a distance, following a canvassing telephone or off-premises, without having to motivate his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day
1° Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise their right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first goods. "
The returned Product must be in its original condition and packaging. It must not have been used, nor have suffered deterioration as minimal as it is and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalty, with the exception of return costs.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
In case of use of the right of withdrawal for only part of the order, only the price invoiced for the returned Products will be refunded.
In the event of partial withdrawal of the order, the Customer who would have benefited, at the time of the initial order, from the free delivery due to the exceeding of a certain amount of order, will be able to be invoiced the expenses of delivery corresponding to his effective order, if the latter fell below the threshold of free delivery.
In accordance with the regulations in force, the right of withdrawal cannot be exercised for the audio, video or software recordings unsealed by the Customer, the goods made according to the specifications of the Customer or personalized and the goods unsealed by the Customer and not may be returned for reasons of hygiene or health protection.
The Products must be returned to the Seller at the following address: Pixminds Distribution, 45 route d'Apremont 73000 BARBERAZ, France
Products must be returned, accompanied by their purchase invoice, in their original packaging, properly protected. They will have to be in a perfect state of resale. Any Product returned incomplete, damaged, washed, damaged, damaged, soiled, even partially will not be refunded or exchanged.
The Customer returns the Products. We recommend that you keep proof of the return to facilitate the procedures in case of problems during transportation.
Except in cases of non-conformity or hidden defects of the Product, the return costs are borne by the Customer.
ARTICLE 8 - RESPONSIBILITY OF SELLER - GUARANTEES
The information and descriptions mentioned for each Product Sheet, including photographs, specifications and description, are communicated to the Seller by the manufacturers of the Products.
In accordance with Article L.111-1 of the French Consumer Code, the Seller aims to inform the Customer and to put him in a position to know the essential characteristics of the Product.
It is however specified that, for technical reasons (photos and graphics), the actual rendering of the Products may sometimes slightly differ from that of the photographs presented on the Site.
Products supplied by the Seller benefit from:
- The legal guarantee of conformity, for the defective Products, damaged or not corresponding to the order
- The legal warranty against hidden defects resulting from a defect in material, design or workmanship affecting the delivered Products and rendering it unfit for use
Devices relating to legal warranties
Article L217-4 of the French Consumer Code: "The Seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the French Consumer Code: "The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the Seller and possesses the qualities presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labelling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the Seller and that the latter has accepted. "
Article L217-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article 1641 of the French Civil Code: "The Seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have not acquired, or would have given a lower price, if he had known them. "
Article 1648 paragraph 1 of the French Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
Article L217-16 of the French Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to them during the acquisition or repair of a movable property, a restoration covered by the guarantee, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "
Article L.211-8 of the French Consumer Code: "The buyer has the right to demand the conformity of the goods to the contract."
Article L.211-5 of the French Consumer Code: "In order to comply with the contract, the property must:
1 - Be fit for the usually expected use of a similar good and, where appropriate:
2 - Correspond to the description given by the Seller and possess the qualities that he has presented to the buyer as a sample or model;
3 - Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labelling (...). "
In order to assert his rights, the Customer must inform the Seller, in writing (mail or e-mail), the non-conformity of the Products or the existence of these hidden defects from their discovery.
The Seller will refund, repair or have repaired Products or parts under warranty deemed non-compliant or defective.
The Seller's liability cannot be incurred in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check
- In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in case of normal wear of the Product, accident or force majeure
- The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the Seller
The Seller's warranty is in any event limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the delivery of the Products. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the website www.lexip.co are as follows:
- Opening an account - When creating a Client / User account: Names, first names, postal address, telephone number, email address.
- Payment - As part of the payment of the Products offered on the site www.lexip.co, it records financial data relating to the bank account or the credit card of the Client/User.
9.2 Recipients of personal data
The personal data are used by the Seller and his co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The categories of co-contractors are: transport forwarders and payment institutions.
9.3 Data processing controller
The data controller is the Seller, within the meaning of the General Data Protection Regulation (GDPR) and Regulation 2016/679 from May 25, 2018 on the protection of personal data.
Pixminds Distribution SAS
45 Route d’Apremont
9.4 Limitation of treatment
Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.
9.5 Retention period of data
The Seller will store the collected data for a period of 5 years, covering the period of limitation of the applicable contractual liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in the area of digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementing Customer and User Rights
In application of the regulations applicable to personal data, Customers and users of the site www.lexip.co have the following rights:
- To update or delete the data concerning them by simple request by e-mail to firstname.lastname@example.org
- To delete their account by writing to the address indicated in article 9.3 " Data processing controller "
- To exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 " Data processing controller "
- If the personal data held by the Seller are inaccurate, to request the update of the information by writing to the address indicated in article 9.3 " Data processing controller "
- To request the portability of data held by the Seller to another provider
- To oppose the processing of their data by the Seller
These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a mail or by e-mail to the Data processing controller whose details are given above.
The controller must provide a response within a maximum of one month.
In case of refusal to grant the request of the Customer, it must be motivated.
The Customer is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy 75007 PARIS, FRANCE) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The Seller owns the intellectual property rights on the website, composed of elements such as sound, images, photographs, videos, writings, animations, programs, graphics, utilities databases, software, and other underlying technology and the right to distribute the elements appearing on the catalogue of the website and in particular the photographs for which it has obtained the necessary authorizations of the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the catalogue, their use as well as their making available to third parties are formally prohibited and are likely to constitute a crime of counterfeiting.
Apart from any solicitation on his part, the Seller prohibits any affixing of a hypertext link to the website. A Customer wishing to place on their personal website a link directly to the home page of the website must compulsorily request the prior express permission of the Seller.
ARTICLE 11 - APPLICABLE LAW – LANGUAGE
These Terms and the resulting transactions are governed by and subject to French law.
These General Conditions of Sale are written in French, in the case where they are translated into one or more foreign languages, only the French text would be authentic in case of dispute.
ARTICLE 12 - DISPUTES
For any complaint, thank you to contact the Customer service at the postal address or mail of the Seller indicated in Article 1 of these Terms and Conditions.
The Client is informed that they may in any case resort to a conventional mediation, with the existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
FEVAD e-commerce Mediator service
60 Rue de la Boétie
The Client is also informed that he can use the Online Dispute Resolution (RLL) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
All disputes to which the purchase and sale transactions entered into pursuant to these Terms and which have not been the subject of a friendly settlement between the Seller or by mediation, will be submitted to the competent courts under the conditions of law common.
APPENDIX - RETRACTATION 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 the Seller) - except exclusions or limitations to the exercise of the right of withdrawal according to the Terms applicable.
To the attention of Pixminds Distribution S.A.S.
I/we (*) hereby withdraw from the contract concluded by me/us (*) on the sale of the following goods (*)/the rendering of the following services (*)
Ordered on (*)/received on (*)
First name and last name of the consumer(s):
Address of the consumer(s)
Street and house number:
ZIP code and city:
Signature of the consumer(s) (only if this form is notified on paper):
* Delete as applicable