The Seller Pikollo has for activity the sale of products under the brand Pikollo on the site www.pikollo.com.
These conditions concern the set of the users, the physical persons or the moral persons using the site www.pikollo.com
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
The General Conditions of sale were updated on October 30th 2017. This edition cancels and replaces the previous versions.
1 – Définitions
1.1 – User designates any user who surfs, becomes aware of, reserves, orders and/or buys a product offered on the site.
1.2 – Product designates any product offered on the site.
1.3 – Site designates the infrastructure developed by the Seller according to IT formats usable on the Internet including data of various kinds, and in particular of texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the User in order to know his products.
1.4 – Internet designates various networks of servers located in various places throughout the world, connected to each other using communication networks, and communicating using a known specific protocol under the name of TCP/IP.
2 – Orders
The site www.pikollo.com offers directly on line the purchase of 'personalized figurines' packed and delivered in adequate packaging.
The User has the possibility of placing his order online from the online catalogue on this Web site.
The order can be recorded on the site only if the User has clearly identified himself (with his customer code and his password, which are strictly personal to him).
Any order means acceptance of the prices and the description of products made available for sale.
Any dispute on this point will occur within the framework of a potential exchange and of the guarantees mentioned below.
The Seller undertakes to deliver the orders received on the Internet site.
For the follow-up of the pending order, the User may consult the order follow-up online.
3 – Validity of the order
Any User of the site who doesn’t hold a customer number will have to follow a registration procedure allowing him to obtain his customer number.
This number is personal. Any loss or lapse of memory will have to be notified to the Seller's services within a short period of time by contacting the Seller customer services, by filling in the prescribed form on the site.
In all cases, the supply online of the bank card number and the final confirmation of the order will act as proof of the whole of the aforementioned order in accordance with the provisions of the law of March 13th 2000 and will act as proof of liability for the amounts entered into through the order.
This confirmation acts as signature and express acceptance for all transactions made on the site.
However, in the event of fraudulent use of his bank card, the customer is invited, as of the report of this use, to contact Seller customer services by way of the contact form reproduced on the site.
The IT registers, preserved in the Seller's IT systems under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments occurring between the parties. It’s expressly agreed that, save for a glaring error on the part of the Seller, the data preserved in the information system of the Seller have probative force as for orders placed by the User. The data on an IT or electronic support constitutes valid evidence and as such, is admissible under the same conditions and with the same probative force as any document which would have been drawn up, received or preserved in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy (Article 1348 of the Civil code.)
4 – Delivery
User has the choice to take delivery, either at home, or at another address.
Under no circumstances may Pikollo - pikollo.com could be held responsible for a typing error on behalf of the customer, for an inaccuracy appearing in the adress mentioned by the customer, or the consequences which may arise from these errors.
In addition, Pikollo asks its customers to kindly agree to sending all the information necessary for a successful delivery when placing the order. Any forwarding ascribable to an error by the customer will be at the cost of the latter. Pikollo willn’t be held liable of the consequences which may arise from an unsuccessful delivery due to the customer's unavailability to be reached or any situation arising from the customer.
Transport is done at the risk and peril of the customer, it is therefore up to the customer to check the compliance and state of the parcels from their time of arrival in the presence of the carrier. Any reservation must be made in writing at the time of receipt of the parcels on the carrier's receipt and confirmed to the latter by registered letter within 3 days. A copy of these reservations must be sent by email to Pikollo - firstname.lastname@example.org For items delivered that are defective, send us an email with the picture of the product and we will send another one (Using the same body mold).
You can track your package using the tracking numer provided by pikollo.com.
Delivery times are between 4 and 6 weeks.
5 – Terms of payment
Prices are in euros, excluding postage, according to the amount applicable.
They take into account the VAT applicable on the day of the order
Delivery costs are invoiced as additional to the figurines ordered.
Prices may not be modified once the customer has placed the order.
There may be an impact on the prices of the products in the event of a change in the applicable VAT rate. Similarly, if one or more taxes or contributions, including environmental were to be created or modified, up or down, this change can be reflected in the selling price of items on the Seller's website and sales documents. Prices of the items ordered on the site and the date of the order in question are authentic.
User has the choice of paying his purchases by :
- CREDIT CARD : (Debit card, Visa, Eurocard, Mastercard) in accordance with a fully secured payment system wich guarantees encryption of bank details
- BANK TRANSFER : The bank transfer will have to include in object, the number of the order to facilitate the treatment.
Bank details :
Crédit Mutuel (France)
Bank : 10278
Counter : 06177
Account : 00020228303
Key : 82
BIC/ SWIFT: CMCIFR2A
- PAYPAL : Its’necessary to have a credit card for this method of payment.
- MONEY ORDER MANDAT : Fees charged to the customer
An invoice is drawn-up for each delivery, and is immediately available for consultation and printing on the www.pikollo.com website on the customers' secured account (heading "My Account")
Customer can obtain a copy of his invoice on request (Phone or e-mail).
Terms of payment for deliveries outside the European Union, especially in Switzerland, the United States or the French overseas departments and territories: Pikollo will invoice HT orders. Buyer must pay any taxes, customs duties or VAT that their local authorities may request upon delivery. You are solely responsible for the payment of these taxes and duties.
- PAYMENT "PAY TWICE FREE", BY CREDIT CARD, START FROM $150 PURCHASE (INCLUDING SHIPPING COST)
Products ordered are the property of Pikollo® until final payment in full of the price under the terms of law No. 80335 of 12 May 1980. Pikollo® reserves the right to reclaim the goods ordered in case of payment default. In this hypothesis, and at the first request of Pikollo®, the customer agrees to return any product not paid and all fees. Seller may withhold delivery of the goods concerned up to the reception of the payment. Any settlement after the payment date will result in billing of penalties without any prior notice to the buyer if is required. Amount of these penalties would be at least equivalent to that resulting from applying a rate equal to 1.5 times the legal interest rate in effect at the date of the application of penalties, without this clause excludes additional damages. Buyer can never, on the basis of a complaint made by him, withhold all or part of the money due from himor obtain offsetting. When the buyer is late in payment or part payment at the deadline, the seller may by that fact alone and without the need of prior notice, immediately suspend deliveries without the buyer can claim damages from the seller.In the event of litigation, the seller is entitled to claim from the buyer the money refund of any kind related to the prosecution.
6 – Guarantees
Pikollo guarantees that its 'personalised figurines' were the object of all the necessary care to insure their conformity with the description wich appears on the site in the order date as well as of their conformity.
No other express or implied warranty is granted. In particular, the customer is only liable for the choice of the options selected and the quality of the photographs sent. The figurines are made by the hand by specialist and quality craftsmen. By ordering on the site, you implicitly accept the resulting effect that the figurine will produce. According to the terms of article L.121-20-2, 3° of the Consumer Code, the personalization of the object is construed as the supply of goods carried out according to the consumer's requirements and clearly personalized. Any request for withdrawal or refunding for reasons of non-resemblance, will be refused.
The seller has for all the stages of order taking as well as for the stages later than the conclusion of the contract, a best effort undertaking.
In all cases, Pikollo - pikollo.com isn’t be held liable in the event that non-execution of its obligations ascribable either to the unforeseeable and insurmountable deed of a third-party to the contract or in case of absolute necessity as defined by french jurisprudence.
Similarly, Pikollo - pikollo.com isn’t to be held liable for any risks or damage inherent through the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of IT viruses.
Under no circumstances, can Pikollo - pikollo.com be held liable for the non-observance of the legislative or regulatory provisions in force in the countries of delivery.
In any case, Pikollo can’t be held responsible for non-compliance with the laws or regulations in force in delivery countries other than metropolitan France.
7 – Confidentiality
The Seller implements every means to ensure the confidentiality and security of the data transmitted on the Web. For this reason, the website uses a secured module for payment SSL (Secure Socket Layer).
8 – Personal data
Pikollo is committed to storing in a strictly confidential manner all information sent by its customers, save for agreement by the latter.
In accordance with the modified law of January 6, 1978, the User has a right to access, oppose, and correct data relating to him, either directly on the Internet, or by mail in writing to the Seller : SASU PIKOLLO, 20 Rue de Marne, 94140 ALFORTVILLE.
9 – Intellectual property
All the elements on the Sellers' site, whether visual or audible, including the subjacent technology, are protected by the laws governing royalties, brands or patents. They are the exclusive property of the Seller.
The User who has an Internet site on a purely personal basis and who wishes to place, for personal use, on his site a single link directly pointing to the site of the Seller, must obligatorily ask the Seller for written and prior authorization.
In all cases, any unauthorized link, will have to be withdrawn on demand by the Seller.
Internet site www.pikollo.com was conceived by SASU Pikollo - pikollo.com who is the owner and holder of all related rights. It’s therefore formally prohibited to copy or download all or part of the site or its contents except by express authorization of SASU Pikollo – pikollo.com. Non-observance of this prohibition constitutes a breach which may lead to civil and criminal liability for the counterfeiter.
Photographs illustrating, with the supporting text, the products on sale, do not enter the contractual domain. Pikollo will not be liable under any circumstances should errors have been introduced.
Pikollo and pikollo.com will take the right if necessary to use your pictures next to the figures under the pikollo.com logo created in the pikollo.com workshops for advertisement and marketing efforts inside forums, blogs, social networks and newspapers read by online and offline public audience all over the world excluding pictures of figures made inside the Adult section.
10 – Duration
The present conditions apply throughout the period of putting online the services offered by the Seller.
11 – General provisions
11.1 – Entirety of the contract
The parties recognize that this contract constitutes the entirety of the agreement concluded between them and replaces any offer, provision or former agreement, written or verbal.
11.2 – Modification of the contract
No subsequent document, no modification of the contract whatsoever its form will be of any effect between the parties without taking the form of an amendment duly dated and signed by them.
11.3 – Nullity
If any stipulation of this contract proves to be invalid taking into consideration a legal provision in force or a judicial decision becoming definitive, it will then be deemed as not written, without implying the nullity of the contract or altering the validity of its other provisions.
11.4 – Renunciation
The fact that one or the other of the parties does not assert the application of any given clause of the contract or agrees to its non-execution, be it permanently or temporarily, may not be interpreted as a renunciation by this party of the rights which arise to it from the aforementioned clause.
11.5 – Domicile
The parties elect residence at the addresses designated on the purchase order for the User and at the address reproduced on the site for the Seller.
11.6 – Applicable law and disagreements
The present conditions are subject to french law.
The competent court in case of dispute will be the one of the place of place of residence of the defendant or, in the choice of the defendant, the place of delivery of the product.
12– Additional rules
12.1 – Customs may sometimes choose to classify the figurin as “utility products” instead of “artistic products”. Pikollo is not responsible for the delays resulting from this eventuality.
12.2 – Some standard sales come with 1 free proofing for each step. Additional proofing requests will be paying and every modification request will add approximately 1 week to the final delivery time.
12.3 – Once your order has been paid, you won’t be able to modify the sent pictures. The “front view” picture will be used to mold your face and we won’t be able to accept additional pictures during production.
12.4 – Customers have a 48 hours deadline to comment on the different steps of the production. After 48 hours have elapsed, the product will automatically be validated and further comments on that step will be rejected.
12.5 – The repayments will be accepted, if and only if, the production of the figurine has not begun yet. No refund repayment will be accepted in a later stage.
12.6 – Pikollo is a group of artists and all creations are subject to the specific artist’s tastes and perceptions. The requests of repayment for not resemblance will automatically be refused.
12.7 – The deadlines are mentioned only indicative title and they can’t be considered by a commitment of Pikollo, in term of deadlines
12.8 – The figurin with the “express option” will be produced before the “standard delivery” ones. However, this option doesn’t guarantee the final delivery time, as many other customers may have chosen that same option.
12.9 – Once the order paid, the model of the body or decors can’t be changed anymore.