Terms of Service

Pikoc specializes in providing advice and creating scented products.

Preamble

The website www.pikoc.fr (hereinafter referred to as the "Site") is an e-commerce platform that allows users (hereinafter referred to as "Buyers") to purchase various scented household products available for sale on the Site (hereinafter referred to as the "Products"). The Site markets its Products through single sales (hereinafter referred to as "Order").

These general terms and conditions of sale apply without restriction or reservation to all online sales offered on the Site by SAS Pikoc (hereinafter referred to as the "Company").

These general terms and conditions aim to define the terms and conditions of online sales and delivery of Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time through a direct link at the bottom of the Site page.

These general terms and conditions of sale take precedence over any other general or specific conditions not expressly agreed to by the Company.

In the event of subsequent changes to the general terms and conditions, the customer is subject to the version in effect at the time of their order.

Legal Capacity and Acceptance of General Conditions

1.1 Legal Capacity

The Site is accessible to:

Any natural person with full legal capacity to enter into these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of their legal representative.

Any legal entity acting through a natural person with the legal capacity to contract on behalf of the legal entity.

1.2 Acceptance of General Conditions

This acceptance must be full and complete. Any acceptance under reservation is considered null and void. The Buyer who does not accept these general conditions should not place an Order on the Site.

Registration on the Site

Any Order requires registration by the Buyer on the Site by filling out the provided form.

In any case, the Buyer must provide all information marked as mandatory. Incomplete registrations will not be validated.

Registration automatically results in the opening of an account in the Buyer's name (hereinafter referred to as the "Account"), giving access to a personal space (hereinafter referred to as the "Personal Space") to manage their purchases in a manner and using the technical means that the Company deems most appropriate.

The Buyer guarantees that all information provided in the registration form is accurate, up to date, and sincere and is not misleading in any way.

The Buyer undertakes to update this information in their Personal Space in the event of any changes (e.g., change of postal address) so that it always corresponds to the above-mentioned criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Buyer commits them as soon as it is validated.

The Buyer can unsubscribe from the Site at any time by clicking on the "Delete my account" section of their Personal Space. Unsubscribing is effective immediately and results in the automatic deletion of the Buyer's Account.

The Company will delete any Account that has remained inactive for a continuous period of 36 (thirty-six) months.

Product Characteristics

Before placing an Order, and in accordance with the provisions of Article L111-1 of the Consumer Code, the Buyer can find information on the characteristics of each Product they wish to order on the Site.

The list of Products offered by SAS PIKOC for distance selling can be viewed on the website. The Products are described and presented (label, characteristics, price) as accurately as possible. Photographs, designs, images, or graphics are provided for reference and may vary compared to the actual product. They are intended to represent the final product without being an exact reproduction of it due to technical constraints.

Images of the Products are indicative and do not in any way bind SAS PIKOC.

SAS PIKOC reserves the right to add and/or remove Products and/or modify the presentation of Products at any time without any special formalities for Internet users. SAS PIKOC cannot be held responsible for any allergies caused by the components used in its Products. The Customer is responsible for checking the components before placing an order.

Orders

The Buyer can place an Order for one or more Products. Products are offered for sale online within the limits of available stock, or subject to the possibility of pre-ordering if applicable.

4.1 Placing an Order

To place an Order, the Buyer must select the Product of their choice and add it to their cart.

Once the selected Product(s) have been chosen, the Buyer must log into their Account.

They can access the summary of their cart at any time as long as the Order has not been definitively confirmed and can correct any errors in the information entered.

Orders are deemed to be placed by the Company when it can access them.

4.2 Order Confirmation

The Customer will receive an acknowledgment of receipt by electronic means without delay after the validation of their order, specifying their order number; information about the ordered Products; and a summary of the Customer's personal data, including the delivery address.

The Buyer must ensure that the email address provided in their Account is correct and allows them to receive the Order confirmation email. In the absence of receipt, the Buyer must contact the Company at the contact details mentioned in the preamble.

The Company recommends that the Buyer retain the information contained in the acknowledgment of receipt.

The acknowledgment of receipt is automatically generated by the Company's computer system and is valid as evidence of the nature and date of the Order.

Prices

The prices of the Products are indicated on the Site in euros, inclusive of all taxes, excluding participation in processing and shipping costs.

The applicable prices are those posted on the Site on the date of the Order.

Prices include any discounts and reductions that the Company would be required to grant. Prices can be modified by the Company at any time.

Terms of Payment

Payment for Orders is made by credit card. The order will be confirmed upon payment.

The Customer guarantees to the Company that they have the necessary authorizations to use the payment method chosen when registering their Order form.

The Company reserves the right to suspend or cancel any Order and/or delivery, regardless of their nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.

Penalties may be applied to the Buyer with a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. This penalty is calculated on the amount of the remaining sum due, and it runs from the date of due payment without any prior notice. In addition to the late payment penalties, any sum, including the principal, remaining due, will automatically bear an indemnity of 40 euros for recovery costs.

Delivery

The Buyer can choose their delivery method when placing their order. The delivery costs are calculated based on the weight and destination of the order. The amount of these costs will be specified when the Buyer validates their order.

7.1 Delivery Times

The delivery times indicated on the Site are indicative times corresponding to the average delivery times for the products and destinations chosen. The delivery times take into account the preparation and shipping times as well as the delivery times.

7.2 Delivery Problems

In the event of a delivery delay or problem (e.g., damaged package, missing products), the Buyer is required to report the issue to the Company's customer service as soon as possible, within 48 hours of receiving the package.

7.3 Exclusion of Liability

The Company cannot be held responsible for any delay in the event of a strike by the Company or the service provider.

Right of Withdrawal

In accordance with the legal provisions in force, the Buyer has a withdrawal period of 14 days from the receipt of the Product to return it to the Company for a refund without the need to provide any reason or pay any penalties.

The Buyer must notify the Company of their decision to withdraw within the period provided. This notification should be made via the "Contact" section of the Site.

In accordance with legal provisions, the Buyer is informed that this right of withdrawal cannot be exercised for Products made to order, clearly personalized, or likely to deteriorate or expire rapidly.

The Buyer may exercise their right of withdrawal by using the model withdrawal form provided in Appendix 1. However, this is not mandatory.

In the event of exercising the right of withdrawal within the abovementioned period, the price of the purchased Product(s) and the delivery costs will be refunded to the Buyer via the payment method used for the order within 14 days following the date on which the Company is informed of the Buyer's decision to withdraw.

The Buyer is responsible for the direct costs of returning the Product.

In the event of the right of withdrawal being exercised, the Company will make every effort to reimburse the Buyer within 14 days.

Guarantees

In accordance with legal provisions, the Company guarantees the Buyer against any lack of conformity and latent defects.

The Company undertakes to refund the Buyer for any Product that is found to be non-compliant or affected by a latent defect, except when the Product has been modified by the Buyer or used excessively.

Claims must be submitted in writing to the Company as soon as the defect is detected.

The Company will refund or replace the Products that are found to be non-compliant or affected by a latent defect. Shipping costs are refunded based on the rate charged and return costs will be refunded upon presentation of receipts.

Personal Data

The Company collects personal data about Buyers when they visit the Site and place an order. The Buyer is responsible for providing accurate and true information.

The Company processes data collected on the Site in accordance with its privacy policy.

Legal Notices

11.1 Force Majeure

The Company's responsibility cannot be implemented if the non-execution or delay in the execution of any of its obligations described in these general conditions results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

11.2 Partial Invalidity

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the remaining stipulations will retain their full force and effect.

11.3 Non-waiver

The fact that one of the parties does not avail themselves of a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

11.4 Entire Agreement

These general conditions constitute the entire agreement between the parties. They cancel and replace any other conditions that may exist.

11.5 Amendments to the General Conditions

These general conditions may be modified at any time. The Buyer will be informed of the changes by email and will have the option to refuse the new general conditions within 30 days of receiving the notification.

11.6 Applicable Law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

11.7 Alternative Dispute Resolution

In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, the Company adheres to the CNPM (Center for Mediation and Amicable Settlement of Conflicts) of the e-commerce sector.

The Buyer can contact the CNPM:

By postal mail: CNPM – MEDIATION – 23 rue Terrenoire, 42100 SAINT-ETIENNE

By email: [email protected]

Website: https://cnpm-mediation-consommation.eu

Order Tracking and Customer Service

To track their order, Buyers can contact customer service by using the "Contact" section of the Site.

In case of difficulty or dispute, the Buyer can contact the customer service department to seek an amicable solution.

The customer service contact details are as follows:

Address: SAS PIKOC – 11 rue Chanez, 75016 Paris, France

Email: [email protected]

Appendix 1: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

Recipient: SAS PIKOC

Address: 11 rue Chanez, 75016 Paris, France

Email: [email protected]

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods: [insert name of product(s), order date, and order number]

Ordered on: [insert order date]

Received on: [insert delivery date]

Name of consumer(s): [insert name(s) of the consumer(s)]

Address of consumer(s): [insert address of the consumer(s)]

Signature of consumer(s) (only if this form is notified on paper): [insert signature of the consumer(s)]

Date: [insert date]

Please note that this is a template for a model withdrawal form. You may need to adapt it to your specific business and legal requirements. It's advisable to consult with a legal professional to ensure that your terms and conditions, including your return and withdrawal policy, comply with applicable laws and regulations in your jurisdiction

17. Language

In the event of a translation of these general terms and conditions into one or more languages, the French language shall prevail in case of contradiction or dispute regarding the meaning of a term or provision.

18. Mediation

The Buyer has the right to use a consumer mediator free of charge for the amicable resolution of any dispute related to the execution of these terms and conditions that may arise with the Company. This mediation should be conducted in accordance with Articles L611-1 and following, and R152-1 and following of the Consumer Code.

In accordance with Article L. 152-1 of the Consumer Code, the Buyer has the right to use the CM2C mediation service free of charge for the amicable resolution of any dispute related to the execution of these terms and conditions that may arise with the Company.

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