Digital Cameras, Digital Camera, Digital cameras camcorders

Definitions

When used in the body of the present general terms and conditions, the terms below, regardless of whether they are used in the singular or plural, will have the following meanings:

« Buyer » :: refers to the physical person who purchases Products on the Platform from Sellers.
« General Conditions » :: refers to the present document.
« Account » :: refers to the order tracking zone made available to the Buyer on the Platform.
« Platform » :: refers to the electronic platform created by Pixmania to connect Sellers with Buyers.
« Products » :: refers to all of the products and services put up for sale by Sellers on the Platform
« Seller» :: refers to the moral person entering into the contract with Pixmania who puts their Products up for sale on the Platform. .

Article 1 - Preamble

PIXMANIA, a joint-stock company with a capital of €19,033,875 and with headquarters located at 183 rue du Chevaleret, 75013, Paris, France, listed on the Registre du Commerce et des Sociétés de Paris (Register of Companies and Commerce) under the number 352 236 244, with the EU VAT n° GB 804 9543 23, has created and implemented an electronic Platform, a technical interface that puts a Seller (a professional moral person who wishes to present and sell their Products through the Platform) in contact with a physical person (Buyers) who wishes to purchase their Products.

Given that Pixmania never enters into the sales contract concluded directly between Sellers and Buyers, the General Conditions govern the conditions that apply to the provision of the Platform to Buyers.

The purchase of Products at a fixed price on the Platform implies that the Buyer understands and fully accepts the present General Conditions, regardless of their place of residence and the place of delivery of Products.

Article 2 - Buyer’s Membership to the Platform

2.1 The Platform is open to all Buyers, either professional Buyers or consumers over eighteen years of age, with the legal capacity to enter into contracts with Sellers.

Membership to the Platform is free.

To confirm their membership to the Platform, Buyers must register by providing all of the information requested in the membership form, namely their surname, first name, email address, telephone number and delivery address. This step is not required if a Buyer is already registered on the Pixmania site, accessible at the following address: www.pixmania.com.
2.2 Buyers agree to keep this information updated at all times and throughout the duration of their membership to the Platform.

The Buyer guarantees that the information they transfer to Pixmania is truthful and complete, and is solely responsible for any errors, omissions, or failure to update it. The Buyer also acknowledges that they may be excluded from the Platform, as specified in the conditions of article 7.2, if they submit information that is incorrect or not up to date.
2.3 Once all of the information requested through the Platform has been sent, the Buyer must choose a username and password, which will enable them to access their order tracking Account.

Once the Buyer has chosen these elements, they will be considered a member of the Platform.

The Buyer guarantees that their username and password will remain confidential, and agrees not to communicate this information to any third party. The Buyer is also solely responsible for any consequences that may arise from the use of these elements, including fraudulent use.
2.4 Pixmania grants the Buyer access to their Account for the duration of their membership to the Platform, and for a use limited to the needs arising from the application of the present General Conditions. This access is name specific, and cannot be transferred or granted to any other party.

The Buyer agrees not to infringe this Account in any way.

Article 3 - Conclusion of the sales contract between the Seller and the Buyer

3.1 Pixmania will provide the Buyer with a service through which they may contact the Sellers of different Products. Pixmania does not enter into the sales contract concluded directly between the Sellers and the Buyers, and is not responsible for the application of this contract.

The Seller alone is responsible for guaranteeing that all of the regulations applicable to distance selling are respected, as well as all of the provisions applicable to consumer laws where appropriate.

Consequently, the Seller alone can and must provide the Buyer with the pre-contractual information necessary for the Buyer to give their informed consent (detailed description of the Product, general terms and conditions, information about the right to retraction, after-sales service conditions, etc).

The purchase of a Product by the Buyer on the Platform requires that the Buyer accept the applicable contractual conditions published by the Seller.

In any case, the Seller guarantees that all the Products presented on the Platform are in stock and available for dispatch if a Buyer places an order.
3.2 Products are ordered by a Buyer on the Platform according to the following procedure

- Once the Buyer has confirmed their order, Pixmania approves the payment on behalf of the Seller, according to the payment collection contract the Seller has agreed to;

- Once the payment has been processed by Pixmania on behalf of the Seller, Pixmania will confirm the order to the Buyer by email, and will send the summary of the order to be processed to the Seller;

- The Seller agrees to deliver the Product that has been ordered and paid for, and assumes full and sole responsibility for the delivery of it within the deadline stated by the Seller to the Buyer.
3.3 The Products presented by the Sellers on the Platform are available for purchase. However, if the Product becomes unavailable at any point in the period between the time the payment is approved and the time the order summary is sent to the Seller, the Buyer shall be immediately informed and refunded the full amount paid.
3.4 Returns, refunds, cancellations or applications of a guarantee by the Buyer must be carried out directly with the Seller according to the conditions stipulated by the latter. Pixmania will not process or be responsible for requests sent by the Buyer regarding a Product.

Article 4 - Responsibilities

4.1 The Seller’s responsibilities

The Seller alone is responsible for the application of the sales contract concluded with the Buyer, and for ensuring that their activity complies with the applicable regulations. More specifically, the Seller guarantees that: - their Products comply with applicable regulations in the country of delivery (standards, authorisation, etc.); - the sales offer complies (prices, general conditions, delivery, right of retraction, etc.); - the after-sales service complies (legal and contractual guarantees); - they have the right to sell the Products, which are authorised for sale and free from any third party rights; - they are the holder of all of the intellectual property rights for the elements stored on the Platform, and that they have all the authorisations necessary to make them public.
4.2 Pixmania’s responsibilities

Pixmania agrees to provide the services described in the present General Conditions, namely the technical interface between the Seller and the Buyer.

Pixmania, as host of the Platform for information published by the Sellers, will not be held responsible for the possible unlawful nature of information of which it has not been expressly informed.

Article 5 - Ratings left for Sellers by Buyers

Pixmania has created a rating system, whereby Buyers may rate Sellers to increase their reputation when selling Products on the Platform.

Consequently, any Buyer who has purchased a Product from a Seller has the right to publish a comment on the platform regarding the Seller’s service with one of the following three statuses: positive, neutral or negative.

The Buyer agrees to rate the Sellers in an objective manner and understands that, in addition to facing potential proceedings, they may be excluded from the Platform, in accordance with the conditions stipulated in article 7.3, notably in the case of libellous comments and false statements.

Article 6 – Disputes between a Seller and a Buyer

6.1 As Pixmania is not a party to the sales contract, in the case of a dispute regarding said contract between a Seller and a Buyer, the Buyer must contact the Seller directly in order to attempt to settle the dispute
6.2 However, the Buyer may use the “Seller Guarantee”, which is made available by Pixmania and which is applicable without prejudice to the relevant legal guarantees that the Seller must provide(1).

(1) Article L. 211-4 of the Consumer Code: "The seller is required to deliver a product that conforms to the contract and is held liable for any non-conformities recorded when the product is delivered. The seller is also held liable for any non- conformities due to wrong packaging, instructions, or installation when these fall under the Seller’s responsibility, as stipulated in the contract ". Article L. 211-5 of the Consumer Code: “In order to comply with the contract, the product must:1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; or 2. Have the features defined by a mutual agreement between the parties or be suitable for any special requirements that the buyer may have, which were made known to the seller and which the latter had agreed to". Article L. 211-12 of the Consumer Code: "Any action resulting from non- conformities lapses two years after the product is delivered". Article 1641 of the Civil Code: “The Seller is responsible for hidden defects in the product sold which render it unsuitable for its intended use, or which impair its capacity to be used so much so that the Buyer would not have purchased it, or would only have paid a reduced price for it, had they been aware of them.” Article 1648 of the Civil Code: "Any action resulting from defects must be taken by the buyer within a period of two years following the date on which the defect was discovered”.
1. 6.2.1 Conditions for applying the Seller Guarantee
  
  The Seller Guarantee is free and may be applied according to the following cumulative conditions:
  
  - When a Product is ordered from any Seller on the Platform; - when the Buyer has paid the Seller, but has not received their Product within the deadline initially stated by the Seller; or when the Buyer has received their Product, but the Product does not correspond to the description presented on the Platform by the Seller. - When the Buyer has tried unsuccessfully to contact the Seller to communicate their objection and to exercise any legal or contractual guarantees that may be applicable. - When the Buyer has applied the Seller Guarantee between the 20th and 60th day following the confirmation of the order.
  
  If these conditions are met, Pixmania agrees to (I) intervene on behalf of the Buyer opposite the Seller in an attempt to settle the dispute and, (II) in case of non-resolution, refund the Buyer the price of the Product.
  
  Pursuant to article L. 211-5 of the Consumer Code, a Product which is not used to the ends commonly expected for a Product of that kind; which does not correspond to the description given by the Seller, or which does not have the features that a Buyer would expect, is considered as “sub-standard”. The Seller Guarantee is not applicable in the case where the Buyer is merely unsatisfied with a Product that is nonetheless consistent with the offer made by the Seller on the Platform.
  
  6.2.2 Procedure for applying the Seller Guarantee
  
  In order to benefit from the Seller Guarantee, the Buyer must meet the cumulative conditions stipulated in article 6.2.1. They may apply the Seller Guarantee directly from their Account or through the section entitled “Activate the Seller Guarantee”. The Buyer will receive a form which they must then fill out.
  
  Once the Seller Guarantee has been activated, Pixmania agrees to do all it can to process the Buyer’s request as quickly as possible. Pixmania may contact the Buyer to request additional information.
  
  At the same time, Pixmania will contact the Seller in an attempt to settle the dispute.
  
  6.2.3 Limits of the Seller Guarantee
  
  The Seller Guarantee may be applied a maximum of three times per year, and for a maximum sum of £2,200, including VAT, from the moment the Buyer becomes a member on the Platform.

Article 7 – End of Buyer’s membership to the Platform

7.1 The Buyer, like Pixmania, may terminate their membership to the Platform at any time by sending the other party a notification to their email address or Account thirty (30) days prior to the termination of their membership.

Any one of the two parties may terminate the present contract if the other party neglects to make up for their failure to fulfil obligations within the ten (10) days following the date the notice of default was sent.
7.2 If the Buyer neglects to make up for their failure to fulfil obligations within this time, as specified in the present General Conditions, and more specifically, if they provide information that is incorrect or not up-to-date, Pixmania may, at any time, exclude the Buyer from the Platform by sending them a simple notification to their email address or Account ten (10) days prior to their exclusion.
7.3 Pixmania may, at any time, immediately exclude the Buyer from the Platform by sending them a simple notification to their email address or Account if they neglect to make up for their failure to fulfil obligations, as specified in the present General Conditions, and more specifically, in the event of:

- a non-payment or fraudulent payment used to conclude a sales contact with a Seller, - an unlawful comment concerning a Seller, as specified in article 5, - an action with detrimental consequences for the Platform.

Article 8 – Personal information

8.1 Buyer’s personal information
1. 8.1.1 The Buyer must provide their personal information in order to register on the Platform and ensure the correct application of the sales contracts concluded with Sellers.
  
  Pursuant to the law concerning IT and Freedoms, dated 6 January 1978 and amended by the law dated 6 August 2006, the processing of personal information collected from the Buyer must be declared to the Commission Nationale de l’Informatique et des Libertés (National Commission for IT and Freedoms).
  
  The Buyer has the right to access, modify and delete their personal information. They may exercise this right at any time by sending their request in writing to: Pixmania, Service clients – 43/47 av de la Grande Armée, 75016, Paris, France.
  
  In accordance with decree n° 2007-451, dated 25 March 2007 regarding the application of the law concerning IT and Freedoms, requests made by Buyers must be sent in writing, and must be signed and accompanied by a photocopy of a valid ID bearing the holder’s signature. Requests must specify the address to which the reply should be sent. Pixmania has two (2) months following the reception of the request to reply.
  
  Furthermore, the Buyer may, for legitimate reasons, object to having the information they provided processed by sending an email request to: Pixmania, Service clients – 43/47 av de la Grande Armée, 75016, Paris, France. In such cases, the Buyer’s membership to the Platform will be automatically terminated.
2. 8.1.2 If the Buyer has expressly given their consent, Pixmania may send information and presentation emails of its Products or services to the email address given as part of the registration process. The Buyer may request to stop receiving emails from Pixmania at any time by clicking on the link to end subscription located at the bottom of each email.
3. 8.1.3 Pixmania may install a cookie onto the Buyer’s computer. Pixmania is unable to identify the Buyer using this cookie; however, cookies do record information regarding the browsing activities of the Buyer on the Platform (viewed pages, viewing time and date, etc), which Pixmania may use the next time the Buyer visits the Platform. The Buyer may stop this information being recorded by the cookie by configuring their browser in the following manner:
For Microsoft Internet Explorer 6.0 :
For Microsoft Internet Explorer 5 :
For Netscape 6.X et 7. X :
For Firefox :
For Opéra 6.0 or later :
8.2 Distribution of the Buyer’s personal information to the Seller

Pixmania collects personal information from Buyers when they register as members on the Platform. It will share this information with the Seller when an order is confirmed, so that the Seller may draw up the sales contract.

Article 9 – Modification of the General Conditions

Pixmania may modify the General Conditions at any time. It will inform the Buyer by sending a notification to their Account 15 days before the change is made.

The Buyer has the right to refuse the new General Conditions within this period by ending their membership to the Platform.

The Buyer will be able to accept this modification via their Account, or by following the instructions that will be sent to them.

Article 10 - Applicable law

The present General Conditions are subject to French Law, without prejudice to the provisions required by the law in the Buyer’s place of residence.

PixPlace Platform: Terms of Use