Terms of Sale 31/01/2020
- > Preamble
- > Article 1 – Purpose
- > Article 2 - Scope of application
- > Article 3 - Availability
- > Article 4 - Orders
- > Article 5 - Prices
- > Article 6 – Payment
- > Article 7 – Delivery
- > Article 8 - Retention of title
- > Article 9 - Cancellations, returns & refund
- > Article 10 – Liability
- > Article 11 – Personal Data & Cookies
- > Article 12 – Intellectual Property
- > Article 13 Assignment and Third Party Rights
- > Article 14 – Miscellaneous
- > Article 15 – Governing Law
- > Artykuł 16: Spory i prawo właściwe
These General Terms and Conditions of Sale and Use (hereinafter referred to as the "Conditions") are concluded between:
DIRAMODE SAS, which is registered at the Lille-Métropole Trade and Companies Register under the number 301 571 931 with a share capital of 47 948 635.50€, with its registered office located 1 rue John Hadley – 59654 Villeneuve d’Ascq Cedex and its VAT number being FR06301571931.
Any user of the website www.pimkie.com (Hereinafter referred to as the "Client").
PIMKIE and the Client shall be referred to herein either individually as a “Party” or collectively as the “Parties”.
This site is operated by DIRAMODE.
All references in these Conditions to “Pimkie”, “we”, “us” or “our” refer to DIRAMODE.
This page provides information about who we are and the legal terms and conditions that apply to the Client when using the site www.pimkie.com (referred hereinafter in these terms and conditions as the “Site”).
Although we operate this Site, order processing and fulfillment services are provided by our business partner Global-e France SAS (referred to below as “Global-e”) which shall be legally deemed the seller of all products and services purchased through this Site. The checkout pages on this Site are provided by Global-e.
You can find out more about Global-e here:
- - Global-e Privacy and Cookies Policy
- - Global-e Terms of Sale
By placing an order through the Site, you confirm that you have read, understood and accepted these Conditions in their entirety and agree to be bound by them. If you do not accept these Conditions in their entirety, you must not order any product or service whatsoever from the Site.
We recommend that you print a copy of these terms for future reference.
If you purchase products or services from our Site, the Global-e Terms of Service will apply to all sales from the Checkout pages (payment, delivery, refund and returns): - Global-e Terms of Service
Article 1 – Purpose
The purpose of the present Conditions is to define the terms of sale of products presented on the Site between us and the Client. They apply to any order that the Client places through the Site. These Conditions apply regardless of the way in which the Client accesses the site, including all technologies or devices through which we make the Site available to you. The Client must read these Conditions carefully.
These Conditions regulate all the steps required to place purchase orders and ensure their tracking. These Conditions also govern the conditions of use of the Site by the Client. The products and services offered for sale are described and presented on the Site as accurately as possible.
Photographs, drawings, videos or other presentations of the product and services in any form (apart from the essential descriptive data of the product) are only suggestions for presentation purposes that shall not in any way fall within the scope of the Conditions and for which we cannot be held liable under any circumstances.
Placing an order implies irrevocable compliance with these Conditions. As these Conditions may be subject to modification, the applicable Conditions are those in force on the site wwww.pimkie.com on the date the order is placed by the Client.
Article 2 - Scope of application
Each of the following terms shall have the meaning set out in the following definition:
The “Internet User": any natural person visiting the Site. The “Client": any natural person visiting and making a purchase on the Site for her/his personal use.
2.2 ACCEPTANCE OF THE CONDITIONS
Prior to the conclusion of the contract of sale, the Client acknowledges having read, understood and accepted these Conditions and Globale-e's Terms of Sale, which she/he confirms by ticking the box "I have read and accept the general terms of sale", when placing her/his order.
The Internet User accessing the Site undertakes to comply with these Conditions and Globale-e's Terms of Sale appearing therein.
2.3 OPPOSABILITY OF THE CONDITIONS
These Conditions and Globale-e's Terms of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other retail and marketing channels. The present Conditions and Globale-'s Terms of Sale are accessible at any time on the Site and shall prevail over any other document, unless else stated subject to our prior, express and written consent.
Each order placed on the Site is governed by these Conditions and Globale-e's Terms of Sale applicable at the date of the order. Thus, only the Conditions and Globale-e's Terms of Sale in force at the time of the conclusion of the contract are binding to the Client. However, we reserve the right to adjust or modify, at any time, the present Conditions. The aforementioned modifications are opposable to the Client from their online settings and cannot apply to previously concluded transactions.
The Internet User and/or the Client declares (i) that she/he has the capacity to enter into this contract, i.e. that she/he is of legal age and is not under guardianship or curatorship or has the express authorization of her/his legal guardians allowing her/him to enter into these Conditions, Globale-e's Terms of Sale and to enter into this sales contract, (ii) that she/he does not intend to purchase products with the aim of reselling them; (iii) that the purchase of products on the Site is not directly related to her/his business activity and is limited to strictly personal use and under no circumstances for commercial purposes, and in particular with a view to resale.
All product offers and delivery terms (where applicable) are valid in the countries listed below:
- British Virgin Islands
- Brunei Darussalam
- Czech Republic
- French Guiana
- French Polynesia
- French Southern Territories
- Hong Kong
- Ireland (Republic of)
- Korea (South)
- Netherlands Antilles
- New Caledonia
- Saudi Arabia
- Slovak Republic
- St Barthelemy
- St Martin
- United Arab Emirates
- United Kingdom
- Wallis and Futuna Islands
- Saint Pierre et Miquelon
Please note that if you want to ship an order to a country where PIMKIE (or one of its partners) already operates a website, you will be requested to use the said site to complete your purchases. These countries are: Belgium, France, Italy, Spain, Austria and Germany.
Article 3 - Availability
Offers of products or services are valid as long as the products or services are visible and selectable on the Site, within the limits of available stocks. Only available products or services can be ordered with the exception of promotional offers available for a fixed period of time. In such case, the Client should pay attention to the validity time limits of the promotional offer. We check upon preparing the order for the availability of the product(s) ordered.
In the event of temporary unavailability of the product, we commit within a maximum period of 30 days as of the date of confirmation of the order:
- - To sending the Client’s order, with amounts deducted for unavailable products; or
- - Cancelling all or part of the order.
Article 4 - Orders
Placing an order implies acceptance of the prices as defined in the article "Prices" and the description of the products or services available for sale on the Site.
To ensure the availability of our products to the maximum number possible of our Clients, particularly during promotional offers, we reserve the right to refuse to honor all or part of an order deemed abnormal, particularly with regard to the quantities of products usually ordered by an average consumer.
The quantity of products sold in any one transaction or in multiple transactions may be restricted.
There may be other reasons why products cannot be dispatched (e.g. because they are out of stock or if a pricing error is identified). As explained in the Global-e Terms of Service, orders are not accepted (and therefore no commitment is made to supply products), and no contract of sale will come into effect until Global-e specifically accepts orders and notifies you by email. Global-e also reserves the right to cancel or refuse orders.
4.1 CREATING A USER ACCOUNT
Before being able to finalize her/his order, the Client may create a user account, which requires certain mandatory personal information. This account will enable the Client to make her/his purchases and track the progress of her/his orders. Alternatively, you may choose to place your order as a guest.
In any event, whether with an account or as a guest, the Client will absolutely have to fill out a form, containing the following information: title, last name, first name, full delivery address, e-mail, telephone number and password. This information is necessary so that the order can be registered and shipped. Please refer to our policy and Global-e’s policy on Privacy and Cookies to learn more about what personal information is used and stored, and how it is used and stored.
You confirm that all information and details you provide to us (including those provided upon registration) are true, accurate and up to date in all respects and at all times. You may update or correct your information at any time by accessing “My Account”. Equally, you must treat the account login information you choose or that we provide (e.g. account number, email address, password) as part of our security procedures as confidential. You must not disclose that information to any third party. If you know or suspect that anyone other than you knows your login information, you must inform us promptly using the contact details above.
We shall not be liable to anyone for any loss or damage that may occur because you have not kept your password or account secure. If we suspect that fraudulent activity is taking place through your account, we reserve the right to deny you access to your account and delete your account.
4.2 ORDERING AND ORDER TRACKING
4.2.1 The steps of the order process
The order is placed in 5 steps: Confirmation of the basket, Identification of the Client, Summary and Confirmation of the order by the Client, Confirmation of the order by Global-e, Shipping of the order.
To place an order online, the Client proceeds through the following steps:
Step 1: Confirmation of the Basket After clicking on the "Add to my basket" icon, the Internet User checks the specific details of her/his order (product, quantity, price, size, etc.) and can enter her/his promotional code if any. Then, the Internet User confirms the choice of the product(s) selected by clicking on "confirm my basket".
Step 2: Identification of the Client The Client identifies herself/himself after clicking on the "Add to my basket" icon, by filling in the information relating to her/his Client account, or registers as a guest and fills out the form available on the Site.
Step 3: Summary and confirmation of the order by the Client After adding products to her/his basket, the Client can proceed to the checkout to review her/his order and the Client will then need to accept the terms and conditions (including the Global-e Terms of Service), choose her/his delivery address and pay.
As explained above, the checkout pages are provided by Global-e; and upon successful verification of your order and payment information, Global-e will acknowledge orders placed and confirm whether they are accepted or not.
Once the order has been confirmed and the payment has been approved, an informative registration email containing the relevant details of your order is sent to you by Global-e, reminding you of your order and indicating that it has been properly processed.
4.2.2 Order tracking
At any time, the Client who has placed an order can obtain information on the tracking of her/his online order:
- - Via our Site by clicking on “Delivery”;
- - Via the email received from Global-e; or
- - Or by calling Global-e Customer service as indicated in Global-e’s Terms of Sale.
Attention: the Client must keep her/his invoice, the only document accepted in case of exchange or refund. By entering her/his e-mail address and password, the Client will be able to print the invoice relating to her/his order.
If the execution of an order (or any aspect of the order) is illegal or unlawful, including due to a violation of the rules on export controls and sanctions, we and Global-e have the right to stop or cease to honor the order at any time, including after the shipment of products or after notifying you that the order has been received and is being processed. You acknowledge that in such circumstances we and Global-e will not be liable in any way.
4.3 INVOICE ARCHIVING
Invoices are archived on Global-e’s server for a period of 10 years. At any time, the Client can access the details of her/his orders by contacting Global-e directly in the "contact" section or by telephone.
Article 5 - Prices
The prices of products and items on the Site are indicated according to the territory selected and include all taxes applicable on the day of the order. Please note that we employ our best efforts to ensure that prices stated are correct, but occasionally products or services are incorrectly priced. If this happens, products may not be shipped or your order may be cancelled after shipping. In such circumstances, Global-e will refund you.
Please note that prices do not include delivery. For information about customs duties and taxes, please refer to the Global-e Terms of Service.
We reserve the right to modify prices at any time but undertake to apply the prices in force at the time of confirmation of the order by the Client.
Article 6 – Payment
Payment is collected by Global-E, our international sales facilitation and processing partner.
1. Accepted payment methods You can pay by debit card, credit card or any other payment method specified as part of the payment procedure. Global-E may change acceptable payment methods at any time, but this will not affect an existing order. The availability of a certain payment method may depend on your location.
2. Payment When you place an order on our Site, you acknowledge and agree to the following: (i) Global-e will debit you using the payment method you have selected for your order and for such other amounts as may accrue in connection with the order; (ii) you will provide current and valid information about (a) yourself and (b), if applicable, another person, but only if you have first obtained express consent to do so ; (iii) Global-e may use payment processing tools, software or services to process transactions on its behalf; and (iv) if Global-e does not receive payment from your card issuer for any reason whatsoever, you agree to pay promptly all amounts due on demand by such method as Global-e reasonably indicates.
When you place your order, Global-e will only authorize the applicable amounts, and you will be charged these amounts only after the merchandise you have ordered has been received and processed by Global-e. Please note that we charge the full order amount even if the order is sent in several shipments. Global-e makes all appropriate efforts to process and fulfill any order you place through the service as quickly as possible. However, we may, upon notice to you, decline to accept your order if:
- - The Merchandise you selected is unavailable. In this case, if the payment has already been processed, we will refund you.
- - Global-e is unable to verify the payment information you provided.
3. Currency The prices of products are calculated according to the exchange rate between the base currency on our Site and the currency you select as part of the purchase process at the time you place your order. Global-e reserves the right to regularly update these exchange rates, at its sole discretion, and you acknowledge that such updates may affect the price of the product on the Site. You will be charged at the exchange rate applicable at the time you place your order on the Site.
4. Duties & Taxes Import duties and taxes may apply upon receipt of international orders. These duties & taxes are beyond our control as they are set by the customs authorities of the destination country and depend on your shipping destination countries and/or merchandise, local VAT rates, and local import taxes.
For some shipping destination countries or products, you may have the option to prepay applicable taxes, which will then be calculated and included in the final price when you place an order on the Site. You acknowledge that these taxes are set by the country of shipping destination and may therefore vary from country to country.
For greater clarity, the tax prepayment option may not be available for your shipping destination country or for your products. In this case : (a) you acknowledge that the amount of taxes displayed in the prepayment option on the Site is an estimate only, and that the taxes you must pay may be higher or lower than this estimate ; and (b) you will be fully responsible for the payment of all applicable taxes directly to the relevant authority (and you will be responsible for seeking restitution in the event of cancellation of your order or return of the Products, to the extent permitted by these Conditions) as determined by the authorities of the country of destination of the shipment, and neither us nor Global-e shall have any liability for the foregoing.
Global-E may contract with a local customs broker licensed in your country and in such case, by placing an order on the Site, you authorize the relevant customs broker to act as your agent to : (a) transact with the local customs authority, (b) sign associated documents on your behalf in connection with the importation of the products comprising your order, (c) facilitate your payment of applicable taxes; and (d) where applicable, return such products to PIMKIE (subject to these Conditions) and (where applicable) process the claim for a refund of the taxes paid associated therewith. You acknowledge that, in the event of a return of products under the Conditions below, if Global-e is able to obtain on your behalf a refund of taxes paid on the orders, any such refund will be paid by the relevant tax authority to the customs broker and then Global-e will refund such amounts directly to you to the extent that Global-e has received such amounts from the customs broker and only after Global-e has received such amounts.
As explained above, the checkout pages, including the payment section are provided by Global-e and upon successful verification of your order and payment information. Hence, for further information about Payment, please refer to Global-e's Terms of Sale.
Article 7 – Delivery
As explained above, delivery services are provided by Global-e and upon successful verification of your order and payment information. Delivery charges and delivery times vary depending on the type of product ordered, the service you select and the delivery address, hence, for further information about Delivery, please refer to Global-e's Terms of Sale.
Please note that some products and services may be subject to other delivery charges, restrictions or delays. If delivery cannot be made to a Client due to the Client's absence at the address indicated in the time window indicated by the carrier or because a Client refuses to accept the products, we reserve the right to deduct the cost of returning the products to us (warehouse) from your order’s refund.
All risks associated with the products you order (including the risk of loss or damage to the products) are transferred to you when the products are delivered to the delivery address indicated in your order.
Delays If the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, shortage of materials, import delays or higher than expected demand), we will make every effort to keep you informed, but we will have no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude, and in no way affects, any legal rights you may have to cancel an order when a product is delayed or not supplied.
Clients throughout the EU and EEA can browse and order from this Site in accordance with EU Regulation 2018/302 of 28 February 2018 addressing geo-blocking but only for shipping to Belgium, France, Spain, Italy, Austria and Germany.
|Sposób dostawy||Odbiór w sklepie||dostawa do domu|
|0 PLN||9.90 PLN|
7.3 Odbiór towaru przez Klientkę
7.3.1 Dostarczenie zamówienia na adres wskazany przez Klientkę
Podczas składania zamówienia Klientka ma możliwość wyboru miejsca odbioru zamówienia.
Zamówienie wysyłane jest na adres wskazany przez Klientkę przy składaniu zamówienia. Jeśli Klientka jest nieobecna, znajdzie ona zawiadomienie o przesyłce pozostawione w swojej skrzynce pocztowej.
Następnie usługodawca PIMKIE informuje Klientkę, że przesyłka może zostać odebrana, a Klientka dysponuje maksymalnie 14 dniami na odebranie przesyłki.
W przypadku zwrotu przesyłki do PIMKIE, spowodowanego niedostarczeniem zamówienia Klientce ze względu na nieodebranie przesyłki przez Klientkę, otrzyma ona zwrot wpłaconej należności pomniejszonej o koszty wysyłki zamówienia (o ile Klientka ponosiła te koszty). Do terminu i sposobu zwrotu tych kosztów zastosowanie ma Artykuł 9.5.1.
PIMKIE nie jest odpowiedzialne za dostarczenie paczki pod niewłaściwy adres, jeżeli błąd ten wynika z nieprawidłowych informacji dostarczonych przez Klientkę podczas składania zamówienia.
7.3.2 Odbiór zamówienia w sklepie PIMKIE
Podczas składania zamówienia, Klientka ma możliwość wyboru sklepu PIMKIE, w którym zamierza odebrać swoje zamówienie.
W trakcie wysyłki zamówienia z magazynów PIMKIE, zostanie wysłany e-mail z informacją o wysyłce paczki na adres e-mail podany przez Klientkę.
Ten e-mail informuje, do jakiego sklepu zostało wysyłane zamówienie i w jakim terminie Klientka może odebrać przesyłkę.
Aby odebrać przesyłkę w sklepie PIMKIE, Klientka musi KONIECZNIE okazać ważny dowód tożsamości. W przeciwnym razie, zamówione Produkty nie zostaną jej wydane.Klientka ma do dyspozycji 15 dni kalendarzowych, aby odebrać swoje zamówienie w wybranym sklepie PIMKIE.
W przypadku zwrotu przesyłki do PIMKIE z powodu niedostarczenia zamówienia Klientce spowodowanego nieodebraniem przesyłki przez Klientkę, otrzyma ona zwrot wpłaconej należności. Do terminu i sposobu zwrotu tych kosztów zastosowanie ma Artykuł 9.5.1.
Usługa dostawy w sklepie PIMKIE jest niedostępna wyjątkowo w 1-szym tygodniu wyprzedaży sezonowych.
7.4 Czas dostawy
Bez względu na okoliczności, zamówienie dostarczane jest do Klientki z zachowaniem maksimum bezpieczeństwa ze strony PIMKIE, najpóźniej w terminie 30 kalendarzowych dni, z wyjątkiem przypadków siły wyższej i w ramach limitu dostępnych zapasów, zgodnie z postanowieniami OWS
Czas dostawy jest liczony od dnia walidacji zamówienia przez Pimkie (Etapie 4, o którym mowa w pkt 4.2.1 niniejszych OWS).
W przypadku dłuższego opóźnienia dostawy, Klientka zobowiązana jest powiadomić niezwłocznie o tym fakcie PIMKIE, używając do tego celu formularza znajdującego się na Stronie internetowej w rubryce «kontakt» lub telefonicznie.
Po przekroczeniu maksymalnego przewidzianego okresu na dostwę, Klientka ma możliwość anulowania zamówienia i uzyskania zwrotu wpłaconych kwot, i to tak długo, dopóki nie otrzyma swojego zamówienia.
Article 8 - Retention of title
The products remain the property of PIMKIE until the complete collection of the order. However, as of the reception of the order by the Client, the risks of the delivered goods are transferred to the Client.
Article 9 - Cancellations, returns & refund
These provisions form part of your sale contract with Global-e and we therefore refer you to the Global-e Terms of Service for further information about cancellations, returns and guarantees.
1. Cancellation In any event, if you are dealing with us as a consumer, either online or by telephone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the relevant EU Member State (the "CRD")) all or part of your contract at any time up to 14 calendar days after the date you receive the products ordered. The delivery charges paid will be included in your refund once we have received all (not part) of your order at the return address shown on the return label which you can print from our returns portal. Please note that the refund of delivery charges will be made at the standard delivery value.
If you wish to cancel (or are considering cancelling) a product you have ordered from us, you should be aware that the statutory cancellation rights do not apply to certain products and services (for example, orders for custom-made products, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food products, gifts and personalized items) or to any product with a broken hygiene seal.
You must take reasonable care of the goods while they are in your possession. You must return the goods without undue delay and in any event no later than 14 days from the date you notify us of the cancellation of your contract. The deadline is met if you return any goods before the 14th day of the period has expired. You shall bear the direct cost of returning any goods you send back to us. Products must be returned in or with their original packaging. You are solely responsible for any reduction in the value of the goods resulting from unnecessary handling of the products in excess of what is necessary to establish the nature, characteristics and function of the goods. You must return the goods to the return address indicated on the return label that you can print from Global-e returns portal as described below.
Once we have received your package and checked its condition, Global-E will process your refund within 30 days as of receipt of the products in our warehouse in France.
If you wish to return an item purchased on the website pimkie.com, you have 30 days, from the date the order was placed to proceed with the return process. Please note that the item should be in its original condition to be returned. Please note that returns are at your own expense.
To return all or part of your order on pimkie.com, you should use Global-e’s returns portal and proceed to the following steps to print the return label and return note:
- 1. Find an order - Enter your order number (in this format "GEXXXXXXXXX") and the email used to place the order.
- 2. Select items to return - Select the item you wish to return and select the reason of this return.
- 3. Select return method - Select the Standard Return allowing you to send back your items.
- 4. Create return label - Once your Return Note and Return Label are created, you will receive them by email. Print out the Return Note and the Return Label. In the package, place the items you selected to return, along with the "Return Note" and seal it. Once the package is sealed, you can affix securely the Return Label to the outside of the package. The last step is to send it to the address that appears on the Return Label.
All returns shall be sent to the following address:
3. Refund For returned items, it can take up to 30 days for the funds to be credited to your original payment method. The refund will be made in the same way as the initial payment, and will be made by our partner Global-e. You can find the details on your refund under “Track my order” in your account.
- • If you have paid taxes (pre-paid through the Global-e service or paid upon receipt of the order) you must request refund directly from the customs authority in your country.
- • Any delivery costs paid in connection with the order are non-refundable.
Article 10 – Liability
PIMKIE is responsible for the proper execution of the obligations resulting from this contract. However, PIMKIE can exonerate itself from its responsibility by bringing the proof that the inexecution or the bad execution of the contract is attributable either to the Client, or to Global-e or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
PIMKIE cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by PIMKIE. In particular, PIMKIE cannot be held liable for any disruption in the provision of the service or any external intrusion or presence of computer viruses.
Except as expressly provided for in the Conditions, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any loss or damage that is not reasonably foreseeable arising directly or indirectly from these Conditions or your use of the Site. These exclusions shall be governed by and construed in accordance with French law, subject to other mandatory laws that cannot be excluded in the country in which you reside. If any provision of these clauses and exclusions of liability is unlawful, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Without prejudice to the provisions mentioned above in article 10, in the event of a complaint of any nature whatsoever from the Client regarding an order (e.g.: non-delivery of an order or part of an order), the Client has a maximum of 30 days, as from the date of the provisional term of delivery of the order, to contact PIMKIE. Beyond this period, no complaint will be accepted.
Article 11 – Personal Data & Cookies
Article 12 – Intellectual Property
PIMKIE is the owner of the rights to the texts, the general architecture, the animated or non-animated images, the graphics and the sounds and more generally of all the content of the Site.
In accordance with the article L122-4 of the Code of the Intellectual property, any total or partial representation or reproduction of the contents made, by whatsoever process, without the assent of PIMKIE is illicit. The same applies to the translation, the adaptation or the transformation, the arrangement or the reproduction thereof by any art or process.
The violation of the provisions of the article L122-4 of the Code of the Intellectual Property constitutes a counterfeit within the meaning of the article L335-2 of the same code, which constitutes an offence which can be punished by 3 years of imprisonment and a fine of 300 000 euros. Where the offence is committed in an organized crime group, the penalties are increased to five years of imprisonment and a fine of 500,000 euros.
The Pimkie brands and logos present on the Site are registered trademarks. The reproduction, imitation, use, position, deletion or modification of a registered trademark constitutes an infringement that may be punishable by 3 years of imprisonment and a fine of 300,000 euros.
No provision of the present Conditions may be interpreted as granting the Internet User or Client a right of any nature whatsoever to the elements protected by intellectual property, of which PIMKIE could have the property or the exclusive right of exploitation. The Internet user or Client who has an Internet site on a purely personal basis and who wishes to place, for a personal use, on his site a link returning directly to the Homepage of the Site, must obligatorily request the express and written authorization of PIMKIE beforehand, since in no case, the said link can be understood as an implicit agreement.
In any case, any link, even tacitly authorized, must be removed upon request from PIMKIE.
Article 14 – Miscellaneous
Language. The sole reference language for these Conditions is English.
Completeness. The present Conditions concluded between PIMKIE and the Internet User or between PIMKIE and the Client express the entirety of the rights and obligations of the Parties. No document, no indication, no correspondence can generate obligations under the present Conditions, if they are not the subject of an amendment signed by both Parties.
Modifications. We reserve the right to modify and update these Conditions from time to time and we advise you to visit this page regularly to keep informed of the current Conditions that apply to your use of the Site. If you continue to access, browse and use this Site, you will be deemed to have accepted any changes or updates to our Conditions.
Article 15 – Governing Law
The present Conditions are subject to French law. All matters arising out of your use of this Site (including any contract entered into between you and us through the Site) shall be governed by French law and subject to the exclusive jurisdiction of the court of Lille Métropole. However, if the Client is domiciled in a Member State of the European Union other than France, the law of the Member State in which the Client is domiciled may apply if that law is more favorable than French law.
The Client, for any dispute and prior to any litigation, is entitled to have recourse to mediation. To this end, the European Commission provides the Client with an online dispute resolution platform at the following address: http://ec.europa.eu/consumers/odr/. Furthermore, in the event of a dispute, the Client may, if she/he wishes and if she/he complies with certain conditions defined below, call upon a mediator whose contact details will be communicated to her/him by Pimkie.
In accordance with the order of 20/08/2015, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute between her/him and a professional, however, it should be noted that recourse to mediation will only be valid in the event that :
- - The Client has first attempted to resolve the dispute directly with Pimkie by means of a written complaint;
- - The Client's request is not manifestly unfounded or abusive;
- - The dispute has not already been examined by another mediator or by a court of law.
Moreover, the use of a mediator is a confidential procedure and exclusively at the expense of DIRAMODE, with the exception of the costs of legal counsel and expertise if necessary.
Artykuł 16: Spory i prawo właściwe
Wszelkie spory wynikające z lub w związku z niniejszymi OWS, w tym wszelkie zagadnienia dotyczące ich obowiązywania, ważności lub rozwiązania, będą rozstrzygane przez właściwe sądy powszechne. Niniejsze Ogólne Warunki Sprzedaży i Użytkowania podlegają prawu polskiemu : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show