ARTICLE 3. APPLICATION SCOPE 1
ARTICLE 4. PURPOSE OF THE WEBSITE 2
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE 4
ARTICLE 10. PICTOSSO'S LIABILITY 9
PARTIES
These General Terms and Conditions are applicable between 012VIZ, a French limited liability company, registered in the Fréjus Trade and Companies Registry under number 922 535 828, with its registered office at 190 boulevard du Vallon, 83700 Saint-Raphaël, France, e-mail:custom@pictosso.com , VAT number: FR 04922535828, hereinafter referred to as " Pictosso " and any person, natural or legal, contracting with Pictosso for the order of Products, hereinafter referred to as " the Customer ", together referred to as " the Parties ".
DEFINITIONS
« Customer »: any individual or legal entity, private or public, contracting with Pictosso to order one or mora Products.
« Website content »: elements of any kind published on the Website, whether protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« Internet user »: any individual or legal entity, private or public, connecting to the Site.
« Product » : goods sold by Pictosso on the Website, i.e. customized canvas created by the Customer using customization items and tools provided by Pictosso on the Website.
« Website »: website accessible at the URLhttps://pictosso.com/as well a sub-websites, mirror websites, portals and URL variations related thereto.
« Pictosso »: 012VIZ in its capacity as publisher of the Website.
APPLICATION SCOPE
The Website is freely accessible to all Internet users. Browsing the Website implies acceptance by every Internet user of these General Terms and Conditions. Simple connection to the Website, by any means whatsoever, including via a robot or browser, implies full acceptance of these General Terms and Conditions. The Internet user acknowledges having previously read these General Terms and Conditions in full and accepts them without restriction.
When placing an order on the Website, acceptance of the General Terms and Conditions will be confirmed by checking the box corresponding to the following sentence: " I acknowledge having read and accepted the General Terms and Conditions of Service and Use ". By doing so, Customers acknowledges having fully read and accepted them without restriction.
Checking the box will be deemed to have the same value as a handwritten signature by the Customers. Customers acknowledges the evidential value of Pictosso's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.
These General Terms and Conditions apply to the relationship between the Parties to the exclusion of all other terms and conditions, particularly those of the Internet user and/or the Customer.
Acceptance of these General Terms and Conditions implies that the Internet user and/or the Customer have the legal capacity to do so, or failing this, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minor, or that they hold a mandate if they are acting on behalf of a legal entity.
PURPOSE OF THE WEBSITE
The purpose of the Website is to sell online Products, i.e. personalized canvas created by the Customer using personalization items and tools provided by Pictosso on the Website.
ORDER PROCESSING
Ordering Products
To place an order, Internet users may select one or more copies of the personalized Product before adding them to the shopping cart. Product availability is specified on the Website. When the order is complete, Internet users can access their basket by clicking on the button provided for such purpose.
Order validation by the Internet user
By consulting their shopping cart, Internet users will be able to go through the number, nature and characteristics of each copy the chosen Product and thus confirm their unit price as well as the total price. Internet users may remove one or more copies of the Product from their shopping cart.
If satisfied with the order, Internet users may validate it. Internet users will then access a form on which they will be able to fill in their delivery and invoicing details necessary for Pictosso to process the order.
Internet users are requested to carefully check that their copy/copies of the chosen Product is/are free of any typing, spelling, grammar and/or syntactic error.
Pictosso cannot be held responsible for any error made by Internet users/Customers during the order process and confirmed by them at the validation step. In such a case, no refund of the order will be offered nor accepted by Pictosso.
Payment
Once the Customer has fully completed the form required to process the order, the Customer will be invited to check and/or modify delivery and invoicing details. The Customer will then be invited to make the required payment by filling in the details of the chosen payment method on the secure payment interface indicating " Order with obligation to pay " or any similar wording.
Order confirmation by Pictosso
Once payment has been received by Pictosso, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of twenty-four (24) hours. Within the same period, Pictosso will send the Customer an email confirming the processing of the order, including all related information.
Order modification and cancellation by the Customer
The Customer may modify and/or cancel an order within a maximum of twenty-four (24) hours prior to its printing by Pictosso, giving Pictosso written notice using the contact details indicated in article 1 of these General Terms and Conditions. Customer may notify Pictosso by email at the following address:support@pictosso.com .
Should the Customer cancel their order within the time limit set hereinabove, any amount paid by the Customer will be refunded without Pictosso charging any fees.
However, Pictosso will no refund any order cancelled beyond the time limit set hereinabove. In such a case, any amount paid to Pictosso will be forfeited.
Order cancellation by Pictosso
Pictosso may cancel any order within a maximum of twenty-four (24) hours prior to its printing, without justification to the Customer and without compensation. Pictosso will then notify the Customer using the contact details indicated by the Customer.
Should Pictosso cancel the order, any amount paid by the Customer will be refunded within eight (8) days of notification of cancellation by Pictosso.
PRICE - PAYMENT
Price
The applicable prices are those mentioned on the Website on the day of the order. These prices may be reassessed at any time by Pictosso for any subsequent order. The prices mentioned on the Website apply only on the day of the order and have no effect for the future.
Prices mentioned on the Website may be displayed by Pictosso in the currency of the country from which the Internet user connects to the Website.
Should the order be sent to a country other than metropolitan France, customs duties or other local taxes, import duties or specific states taxes may be charged. Such duties, taxes and additional amounts shall be paid by the Customer and shall be the Customer's sole responsibility.
Payment methods
The Customer can pay by credit card. Payments are processed through secure transactions provided by Stripe.
When paying by credit card, Pictosso has no access to any data relating to the Customer's payment solution. Payment is made directly to the bank.
Billing
Pictosso will send or make available to the Customer an online invoice after each payment. The Customer expressly agrees to receive such invoices electronically.
Payment default
Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, tot the application of late payment penalties calculated based on a rate equal to three (3) times the legal interest rate, without this penalty affecting the payment of the sums due as principal.
In addition, any delay in payment will result in the invoicing of the defaulting professional Customer of recovery cost in the amount of forty (40) euro and the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by a compensation of twenty (20) percent of the amount as a penalty clause.
In any case, any delay in payment will result in the possibility of terminating the contract unilaterally for default of the Customer.
This clause falls within the framework of the provisions of article 1231-5 of the French Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
Retention of ownership
Ownership of the Products sold by Pictosso shall be reserved by Pictosso until full payment of their price by the Customer, in accordance with the present retention of ownership clause.
COMPLAINTS - WITHDRAWAL - GUARANTEE
Customer service
Pictosso's customer service is available Monday to Friday from 9 a.m. to 5 p.m. by email to:support@pictosso.com . Pictosso undertakes to provide a response within five (5) working days.
Waiver of the right of withdrawal
In accordance with current legislation on distance and online selling, and in particular article L.221-18 of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of services that are fully executed before the end of the withdrawal period (i.e. fourteen clear days) and whose execution has begun after the Customers' express prior agreement and express waiver of their right of withdrawal, or to contracts for the supply of goods made to Customers' specifications or clearly personalized.
Hence, to benefit from the Products and services covered by these General Terms and Conditions, when validating their order, Customers shall waive their right of withdrawal by checking the box corresponding to the following sentence: " I expressly waive my 14 days right of withdrawal for the services I will receive before the end of this period ". Customers will then receive confirmation by email of their waiver of the right of withdrawal.
Furthermore, Customers who are not fully satisfied with their order are invited to contact Pictosso's customer service by sending an e-mail to:support@pictosso.com .
- Termination of the contract at Customer's initiative
Should the delivery date of the Product be exceeded by more than fifteen (15) days, the Customer if a consumer may terminate the contract by registered letter with acknowledgement of receipt. In this case, the Customer will be refunded the sums paid for the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure or to the supply erroneous information by the Customer. In such a case, the Customer agrees not to take any legal action against Pictosso and waives the right to cancel the sale in accordance with this article.
- Guarantees
- Guarantees for patent defects
It is the Customer's responsibility to control that the Products are in good condition at the time of delivery. This verification must relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be considered after a period of thirty (30) days from delivery. In any case, any complaint concerning the delivered parcels will only be considered if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with articles L.133-3 et seq. of the French Commercial Code.
- Guaranties against latent defects
- Legal guarantees
Customer has a legal guarantee of compliant delivery (art. 1604 of the French Civil Code), a legal guarantee against latent defects (art. 1641 et seq, of the French Civil Code) and a safety guarantee (art. 1245 et seq. of the French Civil Code).
In addition, Customers who are consumers have a legal guarantee of conformity (art. L.217-4 et seq. of the French Consumer Code).
- Returns
To implement the guarantee, it is the Customer's responsibility to return the Product to the address of Pictosso's headquarters, together with an explanatory letter requesting either repair, exchange or reimbursement.
Any costs of sending and returning the Product remain at the sole expense of the Customer, except for consumer Customers making use of the guarantee of conformity under art. L.217-4 et seq. of the French Consumer Code.
Direct costs incurred in returning the Product shall be borne by the Customer. These costs are estimated at a maximum of five hundred (500) euros if due to its nature, the Product cannot normally be returned by post.
The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The consumer Customer has a period of two (2) years from delivery of the goods to take action against the seller. The Customer may choose between repair or replacement of the Product, subject to the cost condition stipulated in art. L.217-9 of the French Consumer Code. Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of said Product, except fo the second-hand goods. Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. When the consumer Customer decides to invoke the guarantee for latent defects, the Customer may choose between rescission of the sale or a reduction in the sale price. |
- DELIVERY
- Delivery costs
The costs of delivery or provision are, in any case, indicated to the Customer before any payment. The delivery costs mentioned on the Website are understood to be in euro, or where applicable, in the currency of the sale, and all taxes included.
- Delivery time
Orders are delivered by a carrier identified at the time of order, within fifteen (15) working days from the date Pictosso has received full payment. When placing and order, the Customer may also select a faster delivery option. Where applicable, the delivery times will be indicated to the Customer when the order is validated.
However, certain products or order volumes may justify a longer delivery time. This will be expressly mentioned to the Customer when validating the order.
- Damaged package
In the event of delivery of a package that is manifestly and visibly damaged, it is up to the Customer to refuse it inform Pictosso without delay, so that a new package can be prepared for it, and then shipped at Pictosso's expense. In such a case, delivery times indicated above in these General Terms and Conditions will no longer apply.
- Degradation of Product quality
Under no circumstances shall Pictosso be held responsible for any deterioration in the quality of the Products and their packaging caused by transport.
Once delivery has taken place, the Customer is solely responsible for the preservation of the Products.
PERSONAL DATA
Within the framework of its services, Pictosso will process personal data of its Customers.
Identity of the data controller
The person responsible for the collection and processing of data is Pictosso.
Collected data
Collected data by Pictosso
Within the framework of its contractual relationships, Pictosso may collect and process information from its Customers, namely: surnames, first names, telephone numbers, bank details, postal addresses, email addresses.
Purposes of the collection of personal data
The data collected during the contractual relationship are subject to automated processing for the following purpose:
- Fulfilling contractual commitments;
- Sending Customers their customized canvas;
- Contacting and registering Customers;
- Prevent any illicit or illegal activity;
- Enforcing compliance with these General Terms and Conditions;
- Initiate legal proceedings;
- Verity Customers' identity.
Legal basis of the processing
The legal basis for the data collected is a contractual relationship.
Recipients of the data
Collected data can only be consulted by Pictosso within the limits strictly necessary for the execution of contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party.
Retention period of personal data
Personal data collected by Pictosso are kept for the duration of the contractual relationship, and for the period during which Pictosso can be held responsible.
Once the retention period has expired, Pictosso undertakes to permanently delete data of the persons concerned without keeping a copy.
Security and confidentiality of personal data
Personal data are stored in secure conditions, according to the latest technical means, in compliance with the provisions of the General Data Protection Regulations and national legislation in force.
Access to Pictosso's premises is also secured.
Data minimization
Pictosso may also collect and process any data transmitted voluntarily by its Customer.
Pictosso directs its Customers to provide personal data that is strictly necessary for the fulfilment of contractual commitments.
Pictosso undertakes to store and process only data strictly necessary to its professional activities, and will delete any received data not useful to its activities as soon as possible.
Rights enforcement
Pictosso's Customers have the following rights regarding their personal data, which they can exercise by writing to Pictosso's postal address or by filling in the online contact form.
Right to information, access and communication of data
Pictosso's Customers have the right to access their personal data.
Due to Pictosso's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request made using the dedicated online form) or a signed photocopy of their valid identity document (in the event of a request made in writing), both accompanied by the words: " I certify on my honour that the copy of this identity document is a true copy of the original. Done at... on... " followed by their signature.
To help them with their request, Customers will findherea model letter drawn up by the CNIL.
Right to rectify, delete and forget data
Pictosso's Customers may request the rectification, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
Pictosso's Customers may also define general and specific directives regarding treatment of their personal data after their death. Where applicable, the heirs of a deceased person may request to take into account the death of their loved one and/or to make the necessary updates.
To help them with their request, Customers will findherea model letter drawn up by the CNIL.
Right to object to data processing
Pictosso's Customers have the right to object to the processing of their personal data.
To help them with their request, Customers will findherea model letter drawn up by the CNIL.
Right to data portability
Pictosso's Customers have the right to receive personal data they have provided in a transferable, open and readable format.
Right to data processing limitation
Pictosso's Customers have the right to oppose the processing of their personal data by Pictosso be limited. Thus, their data can only be kept and no longer used by Pictosso.
Response time
Pictosso undertakes to respond to any request for access, rectification or opposition or any other request for additional information within a reasonable period not exceeding one (1) month from receipt of the request.
Complaint to the competent authority
Should Pictosso's Customers consider that Pictosso is not complying with its obligations regarding their personal data, they may lodge a complaint or a request with the competent authority. In France, the competent authority is the CNIL to which Customers can send a requesthere.
Data transfer
Transfer to Pictosso's partners
Pictosso uses authorized service providers to facilitate collection and processing of its Customers' data. These service providers may be located outside the European Union.
Pictosso has previously ensured the implementation by its service providers of adequate safeguards and compliance with strict conditions regarding confidentiality, use and protection of data.
Pictosso uses the following processors:
Partners (processors) | Recipient country | Processing carried out | Guarantees |
Gelato | United States | Printing, framing and delivery service provider | https://www.gelato.com/legal/privacy |
Stripe | United States | Online payment service provider | https://stripe.com/fr/privacy |
OVH | France | Platform hosting provider | https://www.ovhcloud.com/fr/terms-and-conditions/privacy-policy/ |
Transfer upon request or Court order
Customers also agree that Pictosso may disclose collected data to any person, upon request of a State authority or Court order.
Transfer in the context of a merger or acquisition
Should Pictosso be involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in a acquisition of all or parts of its business by another company, Customers agree that data collected will be transferred by Pictosso to this company and that this company will operate the personal data processing referred to in these General Terms and Conditions instead of Pictosso.
PICTOSSO'S LIABILITY
Nature of Pictosso's obligations
Pictosso undertakes to provide the necessary care and diligence to supply quality Products in accordance with the specifications of those General Terms and Conditions. Pictosso is only responsible for an obligation of means regarding the services provided.
Force majeure - Default by the Customer
Pictosso will not be held liable in the event of force majeure or default on the part of the Customer, as defined in this article:
Force majeure
For the purpose of these General Terms and Conditions, will be considered as a case of force majeure enforceable against the Customer any impediment, limitation or disturbance due to fire, epidemic, explosion, earthquake, fluctuation in bandwidth, failure of the access provider, failure of transmission networks, collapses of installations, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, computer hacking, security breach attributable to the Website host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott or any other circumstances beyond Pictosso's reasonable control. In such circumstances, Pictosso shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
Default by the Customer
For the purpose of these General Terms and Condition, will be considered a default enforceable against the Customer any misuse of the Product and/or the services, fault, negligence, omission or default on the part of the Customer or its agents, failure to comply with the advice given by Pictosso, any disclosure or unlawful use of the password, codes and references given to the Customer, as well as the provision of incorrect information when ordering or failure to update such information where appropriate. The implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or spirit of these General Terms and Conditions will also be considered as a default by the Customer.
Technical problems - Hypertext Links
Should it be impossible to access the Website due to technical problems of any kind, the Internet user and/or the Customer may not claim any damages and may not claim any compensation. Unavailability of one or more online services even prolonged and without any limit, cannot be considered as a prejudice for the Internet user and/or the Customer and cannot in any way whatsoever give rise to the awarding of damages by Pictosso.
Hypertexts links present on the Website may refer to other websites. Pictosso cannot be held liable if the content of these websites contravenes current legislation. Similarly, Pictosso shall not be held liable if the visit, by the Internet user and/or the Customer, of one of these websites, causes a prejudice.
In the current state of the art, the rendering of representations of Products offered for sale on this Website, particularly in terms of colour or shape, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and the screen or the display resolution. Pictosso cannot be held liable for these variations and differences and should not be held liable in any way.
Damages payable by Pictosso
In the absence of legal or regulatory provisions to the contrary, Pictosso's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. Pictosso cannot under any circumstances be held liable for consequential damages such as, but not limited to, loss of data, commercial damage, loss of orders, damage to brand image, commercial problems and loss of profits or customers. Similarly, and within the same limits, the amount of damages charged to Pictosso may not in any event exceed the price of the Product(s) ordered by the Customer.
Hypertext links and Website Contents
Contents of the Website are published for information purposes only, without any guarantee of accuracy. Pictosso cannot under any circumstances be held liable for any omission, inaccuracy or error contained in this information and which would cause direct or indirect damage to the Internet user and/or the Customer.
INTELLECTUAL PROPERTY
Protection of Pictosso's icons and logo
Legal protection of Pictosso's icons and logo
Icons made available by Pictosso on the Website and, as the case may be, used by the Internet user to create a Product, as well as Pictosso's logo as displayed on the Website and reproduced on the Products, are likely to be protected by copyright laws. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without Pictosso's consent or its rights-holders or successors constitutes a violation of Book I and III of the French Intellectual Property Code and may lead to legal proceedings for copyright infringement.
Therefore, the Internet user as well as the Client acknowledge that they are prohibited from reproducing, deleting, modifying or altering in any way whatsoever the signature affixed by Pictosso on each Product.
Contractual protection of Pictosso's icons and logo
The Internet user as well as the Customer contractually commit themselves toward Pictosso not to use, reproduce or represent, in any way whatsoever, Pictosso's icons, logo and signature, whether or not they are protected by an intellectual property right, for any other purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Website Content in order to index it.
Protection of Website Content
Legal protection of Website Content
Website Contents may be protected by copyright and database laws. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without Pictosso's consent or its rights-holders or successors constitutes a violation of Book I and III of the French Intellectual Property Code and may lead to legal proceedings for copyright infringement.
Contractual protection of Website Content
The Internet user as well as the Customer contractually commit themselves toward Pictosso not to use, reproduce or represent, in any way whatsoever, the Contents of the Website, whether or not they are protected by an intellectual property right, for any other purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Website Content in order to index it.
FINAL STIPULATIONS
Applicable law
These General Terms and Conditions are subject to French law.
Changes to these General Terms and Conditions
These General Terms and Conditions may be modified at any time by Pictosso. General Terms and Conditions applicable to the Internet user / Customer are those in force on the day of its order or its connection to the Website. Any new connection to the Website entailing acceptance, where applicable, of the new General Terms and Conditions.
D isputes [a]
Pursuant to Ordinance no. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the execution of these General Terms and Conditions and for which an amicable solution has not previously been found between the Parties shall be submitted to FEVAD.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Whole agreement
The voidance of one of the clauses of these General Terms and Conditions will not entail voidance of the other clauses or of theses General Terms and Conditions as a whole, which will retain their full force and scope. In such a case, the Parties must, to the extent possible, replace the voided stipulation with a valid stipulation to the spirit and the object of these presents General Terms and Conditions.
Non-waiver
The absence of exercise by Pictosso of any rights granted here above shall in no event be construed as a waiver of such rights.
Telephone solicitation
Customers are hereby informed that they may register on the opposition to telephone solicitation list athttp://www.bloctel.gouv.fr/.
Languages of these General Terms and Conditions
These General Terms and Conditions are provided in French and English. In case of discrepancies between the versions, the French version will prevail.
Unfair terms
Stipulations of theses General Terms and Conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
[a] Il vous appartient de solliciter votre adhésion auprès de l'un des organismes de médiation agréés. Vous pouvez notamment solliciter la FEVAD (« Fédération du e-commerce et de la vente à distance ») ou encore le CNPM.
