General terms and conditions of sale
I. Seller identification
The present General Terms and Conditions of Sale are those of the company PYQUE, a simplified joint stock company with a share capital of 35.000 €, whose registered office is located at 18 rue Emile Landrin, 75020 Paris - France, registered in the Trade and Companies Register under the number 848956660 R.C.S. Paris. Its Siret number is 848956660 00015 and its intra-community VAT number is FR65848956660.
II. Scope and acceptance of the general terms and conditions of sale
The purchase of products offered on the website www.pyque.com (the "Site ") is subject to the present general terms and conditions of sale of the Site (the "General Terms and Conditions of Sale"). PYQUE products are exclusively intended to be sold to final consumers, natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he is acting as a final consumer and that he does not intend to resell the PYQUE products for commercial purposes.
Any order on the Site implies full and complete acceptance of the General Terms and Conditions of Sale by the customer who makes a purchase (the "Customer ").
PYQUE may update these Terms and Conditions of Sale at any time. You can read the current version of the General Terms and Conditions of Sale at any time by clicking on the website page. The General Terms and Conditions of Sale in force at the time of the conclusion of the contract of sale are those which are opposable to you, and which are accessible from the order confirmation e-mail.
In addition, each time you purchase Products on the Site, you accept these General Terms and Conditions of Sale in force on the date your order is placed. The said general conditions can be viewed before ordering.
III. Terms and Conditions of Order
The Site allows you to order from the company PYQUE a selection of products of the brand PYQUE (the "Product(s)"), immediately online via Internet for Delivery in France and abroad.
You must verify the accuracy of your selection before confirming your order.
PYQUE reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if PYQUE reasonably believes that this Customer has breached these Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
Any order will be validated only after acceptance of payment.
A summary of your order will be sent to you by e-mail. The acknowledgement of receipt will include the total amount of the order, information on the cost and delivery time, the essential characteristics, quantity and price of the Products purchased.
The Customer formally accepts the use of electronic mail for the confirmation by PYQUE of the contents of the order.
In application of article L. 134-2 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, PYQUE keeps the written record of the contract concluded between PYQUE and a Customer by electronic means for a period running from the conclusion of the contract until the date of Delivery of the good and for a period of ten years from the latter (in accordance with decree 2005-137 of 16 February 2005).
Our Product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers. In the event of unavailability of a Product after your order has been placed, we will inform you by e-mail or telephone as soon as possible, offering you the option of either ordering another Product presented on the Site as a replacement or cancelling your order.
The permanent or temporary unavailability of the website cannot in any case engage the responsibility of LE PYQUE, nor can it open any right to compensation or damages in favour of the Client.
PYQUE reserves the right to change at any time and without notice the Products offered on the Site. In order to ensure a better quality of service and availability of our Products to all Customers of the Site, PYQUE reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this matter and in particular those of Article L. 122-1 of the French Consumer Code.
While every effort is made to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations of colour rendering on your computer equipment. Consequently, PYQUE cannot be held responsible for errors or inaccuracies of an insubstantial nature in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the Products, you can of course contact us at firstname.lastname@example.org.
V. Prices and Payment Methods Accepted
The prices of the Products are indicated in Euros, all taxes included. Except in the case of refunds made (i) as part of the exercise of the right of retraction or for (ii) lack of conformity and hidden defects, PYQUE will not refund the VAT applied on purchases made on the Site (even in the case where the buyer, after receipt, resends the Products to a third country outside the European Union).
For sales made outside the European Union, customs clearance and the payment of various duties or taxes are the sole responsibility of the Customer.
PYQUE reserves the right to modify at any time and without notice the prices of the Products offered on the Site. The Products are invoiced on the basis of the prices displayed on the Site at the time you place your order, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be paid for immediately at the time of placing your order. In the event of unavailability of certain Products ordered (see Article 4 "Availability of Products"), only the price and transport costs relating to the available Products will be debited.
The following payment methods are accepted: credit cards and bank cards (Visa®, MasterCard®, American Express®) via the secure Mercanet platform implemented by BNP Paribas (www.bnpparisbas.net) and Paytweak (www.paytweak.com).
In accordance with the provisions of Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
Any order placed on the Site implies a guarantee on the part of the Customer that he has all the necessary authorisations to use the means of payment made available on the Site.
Your order will be shipped only after verification of your payment method and receipt of authorization to charge your card.
Your account will be debited when your order is shipped.
PYQUE does not store the bank details of its Customers.
VI. Retention of Title
The Products ordered remain the property of PYQUE until full payment of the price by PYQUE. On the other hand, you assume the risks (in particular of loss, theft or damage) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.
VII. Terms of Delivery
Delivery means the physical delivery of the Product to the Customer (the "Delivery ").
The Products purchased on the Site can be delivered in France and abroad.
For security and other reasons, PYQUE will not process any order for which a post office, hotel, post office box or Cedex address is provided.
The Products are shipped to the Delivery address you indicated during the order process.
In the event of an error in the wording of the Customer's contact details, PYQUE cannot be held responsible for the impossibility to deliver the Product(s) ordered.
When entering the order on the Site, the Customer must choose the method of Delivery and the place of Delivery.
The amount of the Delivery charges is calculated according to the destination as well as the chosen Delivery method.
For any order placed on the Site, PYQUE undertakes to prepare the Customer's order within 48 hours (excluding weekends and public holidays) and in a maximum of 10 working days during busy periods (Christmas, sales, etc.), it being specified that these deadlines only run from the validation of your order by our Customer Service.
In case of impossibility to make the Delivery, PYQUE will endeavour to find a secure place to deposit the Product. Failing this, the Product is returned to PYQUE's warehouse.
PYQUE will also leave a notice at the Delivery address indicating the location of the Product and the procedure to follow for a new Delivery. The Customer can contact PYQUE Customer Service to arrange Delivery at a later date, by sending us an email at email@example.com.
When PYQUE takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street, building and staircase numbers, access codes, names and/or intercom numbers, etc.).
PYQUE cannot be held responsible for any delay in delivery that is not due to its own fault or justified by a case of force majeure (as defined below).
If you have any questions, please contact us: firstname.lastname@example.org.
VIII. Delivery Problems
Any defect or delay in Delivery, in excess of the Delivery times mentioned in Article 8 must be reported to our Customer Service as soon as possible by sending us an email at email@example.com. Any claim made more than fourteen (14) calendar days after the date of validation of your order will not be taken into account.
In case of deterioration of the product, the customer must
- Refuse the package, which will then be returned directly to the sender.
- Issue reserves on receipt of the damaged package
- Making a claim on the carrier's website
Without reservation on the part of the consignee, the carrier shall not be liable to pay compensation. The recipient's claim will enrich the claim made by our services.
To make a claim, contact us at the following address: firstname.lastname@example.org, indicating :
's name - Tracking number of the package
designation - Photos of the damaged package with the postage clearly visible - Photo of the inside of the package
- Photo of the damaged product
In the event of failure to meet the Delivery deadline, you can cancel the order, simply by e-mail or registered letter with acknowledgement of receipt to the following address
18 rue Emile Landrin
PYQUE will then be obliged to reimburse you the totality of the sums paid, at the latest within fourteen (14) days following the date of termination of the contract of sale. If you nevertheless receive the Product after having used this option, you must return it according to the return procedure provided for in Article IX below.
You must check the conformity of the Products at the time of Delivery and indicate, if possible on the invoice, in the form of handwritten reservations accompanied by your signature, any anomalies noted (open package, damaged product, etc.).
You should then contact Customer Service by sending us an email at email@example.com. In case of non-conformity of the Products purchased or if they do not satisfy you, you can return them or request an exchange or refund under the conditions set out in Article IX.
IX. Right of withdrawal - returns and refunds
Right of withdrawal and withdrawal period
You have a legal right of withdrawal that you can exercise under the conditions provided for in Articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the French Consumer Code, if you meet the conditions laid down by these provisions, without having to justify your reasons and without having to pay any penalties.
PYQUE's general return policy (for any refund request) allows you to retract within fourteen (14) days from the date of Delivery of the Products, without having to justify your reasons and without having to pay any penalty. After this period, you can no longer exercise your right of withdrawal.
Methods for exercising the right of withdrawal
We offer you the opportunity to complete and submit your declaration of cancellation by sending us an e-mail to firstname.lastname@example.org. You will then receive a confirmation of your withdrawal by e-mail.
You may also, before the expiration of the fifteen (15) day withdrawal period mentioned above, send any other unambiguous statement expressing your wish to withdraw to the following address:
18 rue Emile Landrin
Consequences of the right of withdrawal
Within the framework of the exercise of the right of retraction or in the event of non-conformity of the Product, you can return the purchased product(s) by requesting a refund under the conditions described in Article X below.
X. Return and Refund Policy
Within the framework of the exercise of the right of retraction, the Products must be returned in their original packaging (with the label), in their original condition, new, unworn, unwashed, with the hygiene label and accompanied by their purchase invoice or a copy in the event of partial return.
In accordance with article L121-20-2 of the French Consumer Code, personalised products are neither exchangeable nor refundable, as specified on the "Personalisation" page. No returns will be accepted.
The return of a Product, in the event of a refund request, is free if the place of Delivery is in Metropolitan France. The return of a Product, in the event of a claim for reimbursement, is at your expense if the place of Delivery is outside Metropolitan France and is at your risk.
To do so, you should send an email to email@example.com stating the reasons why you wish to return the item. You will receive within a maximum of one week by email a return form to send back your order as well as a transport voucher at PYQUE's expense in case of Delivery in Metropolitan France, which you will have to print.
In the absence of the order return form inside the parcel, PYQUE will not be able to proceed to the refund of the returned Products.
Products returned incomplete, damaged, worn or soiled will not be refunded.
In the event of a refund request, this will be made within a maximum of fifteen (15) days from the receipt of the Product(s) by PYQUE. Once the Products have been received, checked and accepted by our services, the refund, including the standard Delivery charges of the initial order, will be made using the same payment method used when the order was placed.
Please note, however, that your bank may apply an additional time limit for the refund.
Gifts ordered from the Site
Insofar as only the bank account of the person who ordered the product can be re-credited, only this person can request reimbursement via the return procedure with the Site. The Customer having bought the gift will then have to follow the classic return procedure.
XI. Legal Warranties
The Products sold by PYQUE are subject to the conditions of legal guarantees provided by articles L. 211-4 to L. 211-13 of the Consumer Code and by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
Legal guarantee of conformity
PYQUE will deliver to you a Product that conforms to the contract and is free of defects of conformity at the time of delivery of the said Product, in the sense that the Product will be fit for the use usually expected of a similar good and will have the characteristics presented at the time of sale. PYQUE is also liable for defects in conformity resulting from packaging.
PYQUE can proceed to the replacement of the non-compliant Product. If replacement is impossible within one (1) month of the claim or, if you make a duly motivated request, you may request a refund of the price of the Product.
This guarantee will only come into effect on the condition that you request it within two years of the delivery of the property. Defects of conformity that appear within twenty-four (24) months of Delivery shall be presumed to exist at the time of Delivery, unless proved otherwise.
Legal warranty for hidden defects
PYQUE will provide you with a Product free of hidden defects which would make it unfit for its intended use, or which diminish that use so much that you would not have acquired it, or would only have given a lower price for it, if you had known about them. This warranty will only apply on the condition that you make the request within two (2) years from the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale refunded to you, or keeping the Product and having part of the price refunded to you. In all cases, it will be up to you to prove that you meet the conditions of the guarantee.
In the event of lack of conformity and hidden defects, you must return the Products to us at the following address
18 Emile Landrin Street
In the event of the occurrence of an event of force majeure preventing the execution of the present Terms and Conditions of Sale, PYQUE will inform the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgement of receipt. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be cancelled at the request of PYQUE or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XII. Limitation of liability
Under no circumstances can PYQUE be held responsible for any damage that does not result from a breach by PYQUE of one of its obligations.
XIII. Miscellaneous provisions
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
No tolerance, inaction or inertia on the part of PYQUE can be interpreted as a renunciation of its rights under the Terms and Conditions of Sale.
XIV. Applicable law - Litigation
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. However, in accordance with EC regulation 593/2008 of 17 June 2008, the present General Terms and Conditions of Sale do not prevent PYQUE from respecting a provision which is more favourable to the Customer and from which it cannot be derogated by agreement, by virtue of the law where the Customer has his habitual residence.
In the event of a dispute relating to the execution of an order, you have the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.
These General Terms and Conditions of Sale are written in French. Notwithstanding the above, in the event of a dispute, in accordance with Regulation No 44/2001 of 22 December 2000 :
- you may bring your case before either the court of the place where you are domiciled or the French courts,
- PYQUE may bring your case before the court of the place where you are domiciled.
In case of discrepancies between the French and English versions of the General Terms and Conditions of Sale, the French version shall prevail.
Terms and Conditions of Use
The website www.pyque.com (the "Site") is managed by the company PYQUE, a joint stock company with a share capital of €35,000, whose registered office is located at 8 rue Emile Landrin, 75020 Paris - France, registered in the Trade and Companies Register under the number 848956660 R.C.S. Paris. Its Siret number is 848956660 00015 and its intra-community VAT number is FR65848956660The host of the website www.pyque.com is OVH.
The director of the publication is Yvain GUEZENNEC, legal representative of the company PYQUE, whom you can contact at the following address: firstname.lastname@example.org.
PYQUE may at any time modify and update these Terms and Conditions of Use. The General Conditions of Use in force at the time of use of the Site are those that are enforceable against you.
We advise you to keep yourself regularly informed of the current conditions.
1. Personal data and cookies
See Legal Notice.
2. Intellectual Property
All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands...) that make up the Site are the exclusive property of PYQUE. With the exception of the derogations expressly provided for in the Terms and Conditions of Use, you may not reproduce in whole or in part, by any means whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site, or create derivative works from it without the prior written consent of PYQUE.
The brand " PYQUE ", all other brands and logos related to PYQUE, registered or not, displayed on the Site, as well as the domain name " www.pyque.com " are and will remain the exclusive property of PYQUE. Any reproduction, distribution, transmission, modification or use of these brands without the express and prior agreement of PYQUE, for any reason whatsoever, is prohibited.
You may not remove any copyright, trademark or other proprietary rights notices from the Site or any content contained therein. You may make a single copy of the web pages published on the Site for your private, personal and non-commercial use, provided that any copy of such web pages retains all copyright and other proprietary notices contained therein.
The Site may contain links to third party sites not edited or controlled by PYQUE. Such links are provided solely as a convenience to you and should not be construed as an express or implied endorsement of such sites, their content or any products or services offered thereon.
You may only set up a link to the Site with PYQUE's prior and express written authorisation.
4. Limitation of liability
PYQUE shall in no event be liable to you or any third party for any indirect, incidental, special or consequential damages - including, but not limited to, any loss of profits or other indirect loss - resulting from your use of or inability to use the Site. This limitation of liability applies to the fullest extent permitted by law.
5. No warranty
PYQUE cannot guarantee and affirm:
- that the Site is free of viruses, data overwriting programs, Trojan horses or other destructive material,
- that the information contained in the Site is accurate, complete or up to date.
The Site may contain technical inaccuracies or other defects, PYQUE does not guarantee the correction of these defects. The Site and its contents are presented "as is" and "as available". PYQUE expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the Site or the suitability of the Site for normal or specific use, its quality or compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.
6. Applicable law - Litigation
These General Terms and Conditions of Use are governed and interpreted in accordance with French law in accordance with EC regulation 593/2008 of 17 June 2008. These Terms and Conditions of Use are written in French.
In the event of a dispute arising out of your use of the Site, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.
In the event of a dispute, in accordance with the provisions of Regulation No 44/2001 of 22 December 2000 :
- you can either go to the court of the place where you are domiciled or to the French courts,
- PYQUE may take your case to the court of the place where you are domiciled.
PYQUE reserves the right to apply for and obtain injunctions or orders to defend its rights hereunder.
In case of discrepancies between the French and English versions of the General Terms and Conditions of Use, the French version shall prevail.