General Conditions of Sale SAS PIKOC

SAS PIKOC is a company with a registered office at 11 rue Chanez, Paris 16th.

RCS registration: 837771963

Intercommunity VAT: FR20837771963

Email: welcome@pikoc.fr

Pikoc specializes in consulting and creating scented products.

​Preamble

The website www.pikoc.fr (hereafter: the "Site") is an e-commerce platform, which allows Internet users (hereafter: the "Buyers") to acquire various scented household products offered for sale on the Site (hereinafter: the “Products”). The Site markets its Products by single sale (hereinafter the: “Order”).

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

The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of the Site page.

These general conditions of sale prevail over any other general or specific conditions not expressly approved by the Company.

In the event of subsequent modification of the GCS, the customer is subject to the version in force at the time of his order.

1. Legal capacity and acceptance of the general conditions

1.1 Legal capacity

The Site is accessible:

- To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.

- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

1.2 Acceptance of the general conditions

This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an Order on the Site.

2. Registration on the Site

Any Order requires the Buyer to register on the Site by completing the form provided for this purpose.

In any case, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the Buyer's name (hereafter: the "Account"), giving him access to a personal space (hereafter: the "Personal Space") which makes it possible to manage its purchases in a form and according to the technical means that the Company deems most appropriate.

The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading character.

He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity. The information entered by the Buyer is binding upon validation.

The Buyer may unsubscribe from the Site at any time, by clicking on the "Delete my account" section of his Personal Space. unsubscription is effective immediately. It entails 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.

3. Product Features

Prior to any Order, and in application in particular of the provisions of Article L111-1 of the Consumer Code, the Purchaser may read, on the Site, the characteristics of each Product that he wishes to order.

The list of Products offered by SAS PIKOC in the context of distance selling can be viewed on the Website. The Products are described and presented (wording, characteristics, price) with the greatest possible accuracy. Photographs, designs, images or graphics are for illustrative purposes only and may vary from the actual product. They are only present to represent the final product, without being an exact reproduction of it due to technical constraints.
The images of the Products are only indicative and do not bind SAS PIKOC.
SAS PIKOC reserves the right at any time to add and/or delete Products and/or modify the presentation of the Products, without any particular formalities vis-à-vis Internet users. SAS PIKOC cannot be held liable in the event of an allergy due to the components used in its Products. The Customer is required to check the components before ordering.

4. Orders

The Buyer may order one or more Product(s). The Products are offered for sale online within the limits of available stocks, or subject to the possibility of pre-ordering them if necessary.

4.1 Ordering

To place an Order, the Buyer must select the Product of his choice and place it in his basket.

Once the Product(s) has been selected, the Buyer must log in to his Account.

He can access the summary of his basket at any time as long as the Order is not definitively validated and can correct any errors in the items entered.

The Order is deemed to have been placed by the Company when it can access it.

4.2 Order Confirmation

The Customer will receive without delay and electronically an acknowledgment of receipt following the validation of his order, specifying his order number; information on the Products ordered; the summary of the Customer's personal data including the delivery address.

The Buyer must ensure that the email address entered in his Account is correct and that it allows him to receive the Order confirmation email. If it is not received, the Buyer must contact the Company using the contact details mentioned in the preamble.

The Company recommends that the Purchaser keep the information contained in the Order confirmation or Subscription subscription.

The computerized registers, kept in SAS PIKOC's computer systems under reasonable security conditions, will be considered as proof of orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium, which can be produced as proof.

4.3 Cancellation or suspension of Order

The Company reserves the right to cancel any Order if the Product is out of stock.

In the absence of availability of a Product ordered, the Customer will be informed by email by SAS PIKOC. The cancellation of the order for this Product and its possible refund will be made within 30 days of the order, the rest of the order remaining firm and definitive. SAS PIKOC reserves the right, in certain cases and in particular in the event of non-payment, incorrect address or other problem on the buyer's account, to block the Customer's order until the problem is resolved. SAS PIKOC shall be entitled to cancel the online purchase process if, for any reason whatsoever, collection of the sums owed by the Customer proves impossible. It will also be entitled to refuse any abnormal order or placed in bad faith, or any order from a Customer who has not paid in whole or in part a previous order or with whom a dispute is in progress.

5. Prices and terms of payment

5.1 Price

The selling prices of the Products are displayed on the Site. Unless otherwise stated, they are indicated in euros, all taxes included (French VAT and other applicable taxes).

The Company reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.

Unless expressly stipulated otherwise when ordering on the Website, the delivery costs of the Products are not borne by SAS PIKOC. The customer will have to pay the transport costs, unless he benefits from a special offer exonerating him. The shipping costs include a contribution to the preparation and packaging costs and the postage costs. The geographical area, the type, the number of products and the shipping method chosen by the Customer cause the amount to vary.

The price including VAT of each of the selected Products as well as the amount of the delivery costs are indicated to the Customer before the validation of the order. The Customer will receive, after the order, in the form of an invoice sent by email, written confirmation of the price paid detailing the price of the Products and, where applicable, the delivery costs charged to him.

5.2 Price revision

The Company reserves the right to modify the prices of the Products at any time, at its own discretion.

The Buyer will be informed of these changes by the Company by any useful written means (and in particular by email) at least 1 (one) month before the entry into force of the new prices.

5.3 Methods of payment

Payment of the full price is due upon ordering. The customer undertakes to pay the price stipulated for the product ordered on the online store (price of the products and transport) as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the customs duties, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery. The customer pays his order according to the methods proposed on the online store.

Payment is made online:

- by credit card. The Customer communicates, in a secure environment, the number, the expiry date as well as the three numbers of the visual cryptogram appearing on his bank card. Any costs and/or commissions related to the use of a foreign bank card on the Website will be entirely borne by the Customer.

SAS PIKOC has no access to this data and does not store it on its servers. This is why they are requested again with each new transaction on the site. Payment is made through the Stripe application, payment service provider, which alone keeps the Buyer's bank details for this purpose.

- by any other means that will be offered on the Site at the time of the Order.

The Buyer guarantees the Company that he has the necessary authorizations to use the chosen method of payment.

All purchases made on the Website are protected and secure. The Website uses an SSL-type payment model which ensures the greatest security for the data communicated and which carries out various checks to prevent abuse and fraud. The Company reserves the right to cancel the online purchase process which would present, during the verification of bank details, a risk of fraudulent use of bank card or in the event of refusal of authorization of payment by bank card from the from officially accredited bodies.

The Company reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. The payment of an order can return unpaid at any time up to 120 days from the placing of the order. As a result, the Company reserves the right, at its sole discretion, not to ship a package whose payment, IP address or delivery address may appear to it to be doubtful or dangerous for its own account or that of a third person.

Unless otherwise specified, all sales are paid in cash at the time the Order is placed.

Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt. .

5.4 Billing

The Buyer can access the invoice corresponding to his Order or his Subscription on his Personal Space. Regarding the Order, he can also access it in the Order confirmation email.

5.5 Retention of title

The Company retains full ownership of the Products sold until full payment has been received, delivery costs included.

6. Delivery

The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the geographical area of ​​the Customer, the delivery method chosen or the Product ordered.

6.1 Territory of deliveries

Buyers are expressly informed that the Site only offers the delivery of Products to metropolitan France, Corsica, Belgium, Germany, Sweden, Italy, Spain, Portugal, Malta, Austria, Croatia, Czech Republic and Greece.

6.2 Delivery methods

The delivery of the Products ordered on the Site is made to the address indicated during the Purchaser's Order as the "delivery address" (which may be different from the billing address), which can only be located in the one of the countries referred to in Article 8.1.

The Buyer has the choice between two delivery methods:

- delivery via Colissimo

- the recovery of the order at the registered office of the Company.

The possible delivery methods and the deadlines and costs corresponding to each of these methods are visible to the Buyer before the validation of his Order.

The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.

The choice of a delivery via Mondial Relay entails the sending as soon as possible of an email inviting the Buyer to select the relay point of his choice. If no response is given within 7 days, the Company reserves the right to select the relay point closest to the billing address appearing on the invoice to honor the order.

6.3 Rates

The delivery price of the Order is indicated on the Site and recalled in the Order confirmation email.

The delivery costs may be reassessed by the Company according to the rates applied by the carriers.

6.4 Delivery times

The delivery is made within the time indicated in the Order confirmation email.

In the event of an order for several items, the Company reserves the right to split shipments. In such a case, the delivery costs will only be invoiced once.

If the delivery deadline is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having ordered the Company, under the same terms, to make delivery within a reasonable additional time, and if the Company has failed to perform.

The contract is considered resolved upon receipt by the Company of the letter or writing informing it of this resolution, unless delivery has taken place in the meantime.

In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.

The Company reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee.

In addition, the Company cannot be held liable for reasons related to exceeding delivery times: in periods of high demand, such as the end-of-year holiday periods, for delays caused by reasons of force major, ie due to the occurrence of an unforeseeable, irresistible event beyond its control, for facts attributable exclusively to the carrier responsible for the delivery.

6.5 Withdrawal from the registered office of the Company

The Customer has the possibility to come and collect his order at the Company's headquarters free of charge by setting up an appointment beforehand by email to welcome@pikoc.fr . Indeed, if the appointment is not validated, the Company does not undertake to be present for the reception of the Customer's order.

7. Right of withdrawal

The Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay. When his Order relates to several Products delivered separately, the above period runs from receipt of the last Product.

The Buyer who wishes to exercise his right of withdrawal must send the Company to the contact details mentioned in the preamble, before the expiry of the period above, a declaration clearly expressing his wish to withdraw and including his order number.

The Products must imperatively be returned to the Company in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products upon their return to the Company.

The Buyer will be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the effective date of receipt by the Company of the request for withdrawal, of all the sums paid for his Order, deduction made if necessary of the return costs, which remain the responsibility of the Buyer. The Company however reserves the right to defer this reimbursement until the effective recovery of the Products. Reimbursement will be made using the same means of payment used for the initial transaction, unless the Buyer expressly agrees to a different means. In any event, this refund will not incur any costs for the Buyer.

8. Legal guarantees

The Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.

In the event that the items delivered do not comply with his order or are damaged, the Customer must report: delivery errors and/or non-conformity of the Products in kind or in quality with respect to the indications appearing on his order, or the anomalies noted and formulate all complaints and reservations with the Company.

If the Products need to be returned, they must be the subject of a return request to the Company.

The Products must imperatively be returned to the Company in their original condition and packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the conditions described above cannot be accepted.

The Company will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible if the defect, non-compliance or damage is proven. If the replacement of the Product is impossible, the Company will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen ) days following the date on which the Company informed him of the impossibility of replacing the Product.

It is recalled that, when acting as a legal guarantee of conformity, any consumer:

- has a period of two years from delivery of the property to act;

- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the consumer code;

- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Any consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

9. Obligations of the Buyer

The Buyer is solely responsible for the use he makes of the Products. It belongs to him:

- to verify the adequacy of the Products to their specific needs prior to the purchase of said Products;

- to use the Products in accordance with the indications given on the Product label.

He must also take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.

10. Liability of the Company

The Company undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, the Company cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.

The Company does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.

The Company cannot be held liable for damage resulting from use of the Products that does not comply with the recommendations provided on the Product label and for problems not directly caused by defective workmanship of the Product, including in particular defects and malfunctions of the washing machine or the water drainage system used by the Buyer.

The Company cannot be held responsible for any non-compliant use of the Product by the Buyer or by persons for whom he is responsible. In particular, he expressly acknowledges and accepts that it is his responsibility not to put the Product within the reach of children.

The Company cannot be held responsible for the non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure as defined in article 1218 of the Civil Code. , it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal obligation or regulatory or public order imposed by the competent authorities and which would have the effect of substantially modifying the present conditions general.

The Company cannot be held liable for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the customer.

In any case, the liability likely to be incurred by the Company hereunder is expressly limited only to proven direct damages suffered by the Buyers.

11. Intellectual Property

All the elements of the Site, the graphic, photographic, sound, textual elements, and the presentation of the products, are the exclusive property of the Company. The elements of the Site are protected in particular by copyright, trademark law, database law, and more generally intellectual property law.

Customers undertake not to make any use of these contents and technologies. The Company's Products, their names and the brands used are also its exclusive property and are protected as such by French laws and regulations. Any reproduction, representation and or adaptation of the Website, trademarks, names and/or models is strictly prohibited in any form and in any context whatsoever. Failure to respect the rights of the Company would constitute an act of counterfeiting and/or unfair competition, punishable criminally and civilly by the laws in force and likely to lead in particular to the award of damages. The Customer is therefore formally prohibited from proceeding with any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Site and not infringing the intellectual property rights of the Company. Unless there is prior written agreement, the Customer is also prohibited from copying, distributing, selling or transferring any information and/or any Product obtained from the Site.

12. Protection of privacy and personal data

The Company undertakes to respect the strictest confidentiality regarding the identity of its Customers. The Customer is informed that the personal data communicated to the Company under his order will be put on file for the sole requirements of the smooth running of the order, the management of commercial relations and the invoicing of the order. They may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders. In accordance with the law "Informatique et Liberté" of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access, rectify, delete and oppose personal data concerning him. The Client will exercise his rights by writing to the registered office of the Company.

13. Third Party Links and Sites

The Company can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer would access via the Site.

The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.

The Company is also not responsible for transactions between the Buyer and any advertiser, professional or trader (including any partners) to which the Buyer would be directed through the Site and cannot under any circumstances be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

14. Prohibited behavior

Are strictly prohibited:

(i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any misuse of the Site's system resources, ( iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or morals of the Company or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or of the laws and regulations in vigor.

It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.

In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.

15. Acceptance of the T&Cs

The Customer or User expressly accepts the GCS. The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.

The Consumer acknowledges having read the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular: the essential characteristics of the Product; The price of the products ; the date or the deadline by which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to legal and contractual guarantees and their implementation methods; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (deadline, terms of exercise).

These T&Cs express all of the obligations of the parties. No indication, no document, can generate obligations hereunder, if they are not the subject of an amendment signed by both parties. No correspondence prior to the signing of these presents can give rise to obligations under the said contract. In the event that any of the provisions of these general conditions of sale are deemed or declared, by court decision, illegal or unwritten, the other provisions of these general conditions of sale will remain in full force.

16. Amendments

The Company reserves the right to modify these general conditions of sale at any time.

The applicable conditions will be those in force on the date of the Buyer's Order.

The modified general conditions apply immediately to non-registered Buyers who place an Order after their entry into force.

Any Purchaser who places an Order after the entry into force of the modified general conditions is deemed to have accepted these modifications.

17. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.

18. Mediation

The Buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to the Company, under the conditions provided for in articles L611-1 et seq. 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 with a view to the amicable resolution of any dispute relating to the execution of these presents which opposes him to the society.

The Buyer can contact the service :

- Using the online service
- By email, to: cm2c@cm2c.net
- By mail, to the following address: 14 rue Saint Jean 75017 Paris

Consumers can also consult the European Dispute Resolution Platform here .

19. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.