Date of last update: November 2024
General conditions of sale and use www.pinxit.com (the “Website”) is published by the company SAS DIGOTEX, a simplified joint-stock company with a share capital of €5,000, having its registered office at 66 avenue des Champs-Élysées, 75008 - Paris, France, registered with the Paris Trade and Companies Register under number 933 339 970, whose intra-community VAT number is FR74933339970 (hereinafter “DIGOTEX”).
I. Scope and terms and conditions of sale
The Website is reserved for retail sales to private individuals acting for personal purposes (the “Customer”). The Customer represents and guarantees that he/she is acting as the final consumer of the products ordered.
The terms and conditions of sale (the “ToS”) set forth below apply to and are fully part of all orders (the “Order”) and sales of products and services placed via the Website (the “Products”) with DIGOTEX by the Customer. The Customer is invited to read the Terms and Conditions of Sale prior to placing any Order, the Terms and Conditions of Sale being available on the Websites. Consequently, placing an Order shall entail the Customer’s full prior and unreserved acceptance of the ToS by clicking on the “I have read and accept the terms and conditions of sale” button.
DIGOTEX reserves the right to adapt or modify these ToS at any time. The version of the ToS that is applicable to a sale shall be the one appearing online on the www.pinxit.com Website at the time of the Order.
II. Website information and accessibility
www.pinxit.com is a e-commerce website owned and managed by DIGOTEX.
The Website is accessible to all users of the Internet network as a principle 24/24 hours, 7/7 days, except in the event of interruption, whether scheduled or not, by DIGOTEX or its service providers, for the purposes of its maintenance and/or security or in an event of force majeure (as defined below). DIGOTEX shall not be held liable for any loss whatsoever resulting from the unavailability of the Website.
DIGOTEX does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will function without breakdown or interruption. In this respect, DIGOTEX may freely determine, at its sole discretion, any period of unavailability of the Website or its content. Furthermore, DIGOTEX shall not be held responsible for any data transmission, connection or network unavailability issues.
DIGOTEX reserves the right to modify the Website for technical or commercial reasons. Where these modifications do not alter the terms of the provision of services in a material and unfavourable manner, the Customer may be informed of the modifications made, but his/her acceptance shall not be required.
III. Registration on the Website
To order on our Website, you can create a Customer account via the “Create an account” section or place an order without creating a customer account, as a guest. To create a customer account, the Customer must fill in a form and indicate certain personal information, in particular their email address and a password, which will be used to identify themselves on the site later.
The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, DIGOTEX cannot be held responsible for the impossibility of delivering Products. By registering on the Website, the Customer declares and guarantees to DIGOTEX that he is of legal age and has the legal capacity to contract.
DIGOTEX reserves the right to delete the Customer's Account at any time, for any reason, at its sole discretion, without liability being incurred in this regard.
IV. Products
The Products offered for sale shall be those described on the Websites on the day the Customer consults the Websites, subject to availability. This information is updated automatically in real time. However, DIGOTEX shall not be held liable for any update error, regardless of its cause. In this respect, DIGOTEX shall not be held liable for the cancellation of an Order for a Product due to it being out of stock.
DIGOTEX takes the utmost care in the presentation and description of its Products in order to provide Customers with the best possible information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts.
DIGOTEX does not guarantee the accuracy or security of information transmitted or obtained via the Website. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in shall in no way be binding for DIGOTEX. In particular, the photographs illustrating the Products may differ slightly from reality due to the settings on the Customer’s screen or the lighting when the photographs were made.
V. Orders
Orders placed on the Website are subject to compliance with the procedure established by DIGOTEX on the Website, which comprises successive steps leading to validation of the Order.
The Customer may select as many Products as he/she wishes. These Products will be added to the basket (the “Basket”), which summarises the Products chosen by the Customer as well as the prices and charges relating thereto. Customers shall be free to modify their Basket before confirming their Orders. Validation of the Order and clicking on the “I have read and accept the terms and conditions of sale” button shall constitute confirmation of the Customer’s acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated charges.
A confirmation e-mail summarising the Order (Product(s), price(s), availability of the Product(s), quantity, etc.) shall be sent to the Customer by DIGOTEX. To this end, the Customer formally accepts the use of electronic mail for confirmation by DIGOTEX of the content of his/her Order. Invoices will be available in the “my account” section of the Website.
VI. Refusal to process an Order
DIGOTEX reserves the right to withdraw at any time any Product displayed on the Websites and to replace or modify any content or information appearing thereon. Despite DIGOTEX’s best efforts to satisfy its customers’ expectations, DIGOTEX may refuse to process an Order after having sent the Customer the confirmation e-mail summarising such Order.
DIGOTEX shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Website, or the replacement or modification of any content or information appearing on the Website, or the refusal to process an Order after the confirmation email summarising the Order has been sent.
DIGOTEX also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order, or who has acted in breach of these ToS, or in the event of objective suspicion of fraud.
VII. Prices and terms of payment
The prices of the Products are indicated on the Website in euros for Europe, in pounds sterling for the United Kingdom and in US dollars for the United States, in Swiss franc for Switzerland, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
DIGOTEX reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
Products shall be payable in cash when the Order is placed.
Payment methods:
- Bank cards: VISA, MASTERCARD, CARTE BLEUE, MAESTRO, AMERICAN EXPRESS
- PAYPAL
- Apple PAY
- Web credits
VIII. Delivery
Delivery means the transfer of physical possession of the Products to the Customer (the “Delivery”).
Delivery takes place, depending on the Customer’s choice, either by collecting the Products from the selected collection point (in a Relay Point, subject to acceptance of the parcel by the selected Relay Point), or by receiving the Products at the specified postal address, it being specified that this must be the Customer’s home address, that of a natural person of his choice or that of a legal entity (delivery to his company).
Delivery cannot be made to hotels or post office boxes.
The countries in which the Customer may place an order and have it delivered are those listed on the Website.
Delivery charges applicable to the Order shall be as indicated on the Websites at the time of the Order in the “Delivery and returns” section.
Where DIGOTEX undertakes to transport the Product, the risks of loss or deterioration of the Product shall be transferred to the Customer at the time of Delivery. On the other hand, when the Customer is responsible for transporting the Product, the risks are transferred to DIGOTEX upon delivery of the Product by the carrier.
Transport is provided by Chronopost, DPD, Paack, B2C Europe, Fedex, UPS or DHL, Monday to Saturday, depending on the option chosen by the Customer when validating their Order.
DIGOTEX delivers Orders within a maximum period of twelve (12) working days for delivery in mainland France and twenty (20) business days for international delivery, this period being counted from the first business day after the Order has been validated.
The day after a collection is put online and from 23 November to 31 December, delivery time may be increased by ten (10) days due to the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he/she has provided accurate and complete information concerning their Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
If the Delivery deadline is exceeded, and for as long as the Product has not been delivered, the Customer may request the cancellation of the sale and obtain a refund of the amounts paid for the Order within a maximum period of fourteen (14) days. Notwithstanding the foregoing, DIGOTEX shall not be held liable for any consequences resulting from a delay in delivery, and the Customer shall only be entitled to reimbursement of the Product by DIGOTEX, excluding of any other form of compensation.
In the event that Delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect his/her Order from the selected collection point, no new shipment shall be made and the Customer shall be reimbursed within five (5) days of receipt of the Order by DIGOTEX.
IX. Right of withdrawal
9.1. Period and conditions for exercising the right of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his/her right of withdrawal with DIGOTEX, without having to provide reasons for his/her decision. After this period of fourteen (14) days, the sale shall be firm and final.
The right of withdrawal may be exercised either by logging on to the customer account in the “Order” section, or by going to this link, or by using and sending the standard withdrawal form set forth in Annex to the Terms and Conditions of Sale, by post, to the following address: DIGOTEX - Service retours – 66 avenue des Champs-Élysées – 75008 Paris, France, or by email to info@pinxit.com
The products that the Customer wishes to return to DIGOTEX must be new (the item label must not have been cut), unworn, unsoiled and returned in their original packaging.
The return of Products shall be at the Customer’s expense and risk if the place of Delivery is not in the aforementioned countries, or if the Customer chooses a method of return other than that proposed by DIGOTEX.
9.2. Reimbursement for Products returned under the right of withdrawal
DIGOTEX shall reimburse the Order within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw, provided that the Customer has received the Product concerned by the right of withdrawal within this period.
DIGOTEX shall make the refund using the same method of payment as that used to pay for the Order. If such means of payment has expired, the Customer shall contact customer service to change the method of reimbursement. DIGOTEX shall not be liable for any delay in the refund.
Should the Customer fail to comply with these ToS, DIGOTEX shall not be bound to reimburse the relevant Products. In all cases, return costs shall be borne by DIGOTEX if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. Guarantees - limitation of liability
The Customer must ensure that the Products delivered to him match his Order.
Upon receipt of the Order, the Customer may inform DIGOTEX by any means and, in particular, via the Website, in the Customer space, in the "My Account" or "Contact Us" section, then "Notify a Product Return" section, of any non-compliance of the Product(s) ordered and may return the Product(s) in question, accompanied, as applicable, by any accessories, instructions and guarantee and a copy of the documents attached to the Order.
The Customer may also contact customer service by e-mail or telephone for any further information.
In any event, all Products are covered by the statutory guarantee of conformity provided for in Articles L217-3 to L217-20 of the French Consumer Code, as well as the guarantee against hidden defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code, subject to normal use and compliance with the maintenance conditions indicated.
XI. Personal data protection
The Customers' personal data is treated with the greatest vigilance and confidentiality.
All information in your Account is only used within the framework of your commercial relationship with www.pinxit.com. This information is never shared with third parties or resold for purposes other than the execution of the services provided by DIGOTEX. To find out more about the processing of your data, you can consult our Privacy Policy.
XII. Force majeure
DIGOTEX shall not be liable for the total or partial breach of its obligations under these ToS, if such a breach is caused by an event constituting force majeure, recognised as such by the Civil Code and the case law of the French courts.
XIII. Applicable law - Language
The General Terms and Conditions of Sale are subject to French law. This clause does not in any way preclude any mandatory provisions that the Customer could benefit from in his country as a consumer.
These ToS are written in French. Where they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
XIV. Disputes
In the event of any difficulty arising in connection with the order or delivery of the Products, the Customer may, before any legal action, seek an amicable solution with DIGOTEX and resort to the mediation service proposed by DIGOTEX free of charge. The "consumer law" ombudsman thus proposed is CM2C.
This mediation service may be contacted:
- by post:
CM2C
14 rue Saint Jean
75017 Paris
FRANCE
- electronically: cm2c@cm2c.net
The Customer may accept or refuse mediation at his discretion, and if they resort to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or mediation, all disputes that may arise from the GTC will be submitted to the competent court under the conditions of ordinary law.
The Extrajudicial Settlement of Consumer Disputes (RELC) and the Online Settlement of Consumer Disputes (RLLC) bodies offer Customers an amicable way to resolve a dispute without resorting to the courts.
The European Mediation Platform can be accessed at http://ec.europa.eu/consumers/odr
XV. Intellectual property
All intellectual property rights relating to any product or element present on the Website (including DIGOTEX Products), such as but not limited to trademarks, illustrations, photos, images, models and logos, whether registered or not, are and remain the exclusive property of DIGOTEX.
DIGOTEX is also the exclusive owner of the domain names « www.pinxit.com » and all its sub-domains as well as the graphic and visual identity of the Website.
Any total or partial reproduction, modification or use of the above elements or any other content of the Website, for any reason and on any medium whatsoever, without the express, written and prior agreement of DIGOTEX or the holder of the intellectual property rights concerned, is strictly prohibited.
XVI. Retention of title
DIGOTEX retains full title to the Products until full payment of the price, in principal, including costs, taxes and compulsory contributions.
Appendix: withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of DIGOTEX – 66 avenue des Champs-Élysées – 75008 Paris, France
E-mail: info@pinxit.com
I hereby give notice that I withdraw from the contract of sale of the following goods:
Order number:…………………… delivered on:……………………… (delivery date)
Customer name:
Customer address:
Customer signature (for paper forms only):
Date: