Terms of sales

General terms and conditions of sale of the website www.pixelheart.eu and/or www.pixelheart.fr (January 01, 2021)

Access to online sales on the website www.pixelheart.eu and/or www.pixelheart.fr published by the Company “Pixel Heart” registered with the n° 844 350 918 00018 RCS MARSEILLE at 33 rue Fongate 13006 Marseille France, acting on behalf of Pixel Heart, a company providing services for the supply of goods, implies unreserved acceptance of the following provisions:

Article 1 – Company

“Pixel Heart” is a simplified joint stock company whose registered office is located at 33 rue Fongate 13006 Marseille, and registered with the Trade and Companies Register 844 350 918 00018 RCS MARSEILLE, acting under the brand name PIXELHEART and on the website www.pixelheart.eu and/or www.pixelheart.fr.

The company PIXELHEART publishes the content of the site www.pixelheart.eu and/or www.pixelheart.fr, the sales contract is nevertheless concluded with the company JoshProd.

Article 2 – Member Customer Service Contact Information

By email:
[email protected]

Mailing address :
PixelHeart
Customer Relationship Management
45 Rue Fongate
13006 Marseille

Article 3 – General information

These general terms and conditions of sale of PixelHeart define the rights and obligations of the parties in connection with the sale of products by PIXELHEART to the Members of the www.pixelheart.eu and/or www.pixelheart.fr website (hereinafter referred to as “the Website”).
The Member declares that he/she has read and accepted the rights and obligations relating thereto. Any order made on the services is governed by these terms and conditions.

Article 4 – Terminology

All the services offered by PixelHeart on its website www.pixelheart.eu and/or www.pixelheart.fr are hereinafter referred to as “PixelHeart”. As part of the Services described above, products and services are sold in limited quantities. Thus, they are offered to Members until they are exhausted. The products are offered in countries of the World Economic Area. Each individual or legal entity, of legal age and capacity, wishing to benefit from PixelHeart’s products and who satisfies these general conditions will hereinafter be referred to as a “Member”.
Each acquisition or reservation of a product made by a Member on the Website under the conditions provided for in these General Terms and Conditions of Sale shall hereinafter be referred to as the “Order”.

Article 5 – Ordering terms and prices

5.1.

Members have the possibility to order on the Internet with https://www.pixelheart.eu and/or http://www.pixelheart.fr

5.2.

The Member guarantees that he/she is fully entitled to use the payment card or his/her PayPal account to pay for his/her order and that these payment methods provide access to sufficient funds to cover all costs resulting from the use of PixelHeart’s services.

5.3.

By clicking on the “Buy” button during the ordering process, and after having verified in his “Basket” the content of the order and, if necessary, having modified it, the Member declares to accept fully and without reservation all the present General Terms and Conditions of Sale. After confirming the content of his order, the member will validate it definitively by payment. The order will only be final once the corresponding price has been paid. PixelHeart will systematically confirm each Member’s order, then send it by email.

5.4.

The price inclusive of all taxes for each product or service is indicated in the corresponding product sheet. The shipping costs of the member’s order will be indicated to him before the final validation of the order. In addition, once the order has been confirmed, the prices and fees will remain accessible in the “My Orders” section of the Website. For supplies outside French territory, the provisions of the General Tax Code relating to VAT will apply.

5.5.

PixelHeart checks the reality of the reference price and the fact that it has been or is being charged, according to the other distributors. When a product has been marketed by the supplier for several seasons, the supplier’s recommended price may have varied. In such a case, PixelHeart always uses the lowest recommended price, provided by the supplier, as the reference price.

5.6.

Failure by the Member to comply with the obligations entered into under these General Terms and Conditions of Sale, and in particular in the event of fraud or any attempt at fraud, and any incident of payment of the price of an order, may result in the suspension of access to the PixelHeart service, or even the termination of his Member Account depending on the seriousness of the acts in question, without prejudice to any damages that the company PixelHeart may request.
Consequently, PixelHeart reserves the right to refuse any order from a Member with whom such a dispute exists. As part of its anti-fraud policy, PixelHeart may ask the Member for additional information and documents in order to finalize the order. In the event that the order is not regularized within the time limit set, PixelHeart may be forced to cancel the order, block access to the Member’s account and enter certain data, in particular of a personal nature, of the Member concerned in a “payment incidents” file.

Article 6 – Product conformity

6.1.

The information mentioned on each product sheet is that provided to PixelHeart by the suppliers from whom the products or services are purchased. PixelHeart will make its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, given the digital presentation of products or services on the Internet, it is possible that the member’s perception of the photographic representation of the products does not correspond exactly to the product itself.
As the games are stored and handled during packaging, they may show marks on the blisters as well as price labels and other minor imperfections. Requests for this type of problem will not be considered and no refunds and returns will be accepted.

6.2.

In the event of non-compliance of the product delivered to the Member, the Member may return it to PixelHeart.
– Either to be delivered with a product identical to the one ordered, within the limits of available stocks;
– Either to be delivered a product of equivalent quality and price, within the limits of available stocks;
– Either to be refunded the price of the product ordered within 30 days of the member’s request.
The cost of returning the product ordered and delivered to the member, as well as the possible delivery of another product will be the responsibility of PixelHeart, In case of error or cancellation on the part of the Member, the cost of return will be at his expense.
For customers outside the European Union return costs are covered up to € 15, any additional costs above this amount will not be refunded.

6.3.

In any case, these provisions do not deprive the member of the benefit of his right of withdrawal, as set out in Article 8 of these General Terms and Conditions of Sale.

Article 7 – Availability of products

In the event of total or partial unavailability of the product after placing the order, the Member will be informed by e-mail of the delivery of a partial order or the cancellation of his order. In accordance with the provisions of Article L 121-20-3 of the Consumer Code, in the event of unavailability of the product or service, the Member shall then have the option:
– Either to be delivered a product of equivalent quality and price, within the limits of available stocks;
– Either to be refunded the price of the product ordered within 30 days of his request.
The cost of shipping a new product or service will be borne by PixelHeart.

Article 8 – Right of withdrawal

8.1. Scope of consolidation

In accordance with Article L121-21 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision or bear any costs other than those provided for in Articles L. 121-21-3 to L. 121-21-5. The time limit mentioned shall run from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods. The consumer may exercise his right of withdrawal as from the conclusion of the contract. The consumer shall return or return the goods, at his own expense, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 121-21-2 of the Consumer Code (authentic postmark) to the following address:

PixelHeart – Returns Service
45 Fongate Street
13006 Marseille France

Refunds will be made in the same manner as payment and only upon receipt and verification of the goods received. In accordance with Article L121-21-8, the right of withdrawal may not be exercised in the case of contracts for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery, and for the supply of digital content not supplied on a material medium, the performance of which has begun after prior express agreement by the consumer and express waiver of his right of withdrawal. Once the latter have been unsealed (removal of the protective blister pack), these goods and/or services marketed on the Website may not be subject to a right of withdrawal on the part of the Member. These products once delivered may not be returned to PixelHeart by the Member or refunded by PixelHeart.

8.2. Terms and conditions

Prior to any return of a product or retraction of a product, the member must indicate his intention through the “After Sales Service” section on the PixelHeart Website. This right is exercised by returning the product to PixelHeart at the address indicated in Article 9. The Member’s refund will be made by any means of payment within thirty days of PixelHeart’s receipt of the Member’s request to exercise the right of withdrawal, provided that the product has been returned to PixelHeart. The return of all products ordered will give rise to a refund equal to the total amount paid by the member, i.e. the purchase price of the product(s) purchased and any delivery costs.

Article 9 – Methods of product return by the member

Return of the product in case of non-compliance or exercise of the right of withdrawal

In order to fully benefit from the conditions of Article 6 “Compliance” and those of Article 8 “Right of Withdrawal”, the Member must return the product to PixelHeart. In order to simplify and facilitate the processing of returns of products that can be returned as well as their possible refund, it is strongly recommended that members follow the procedure described below:
– Make a return request via the “After Sales Service” section;
– For the application of Article 8 “Right of Withdrawal”, the article shall not be unsealed;
– The item must be properly protected, in its original packaging, in a perfect state of resale (undamaged, damaged or soiled) with any accessories, instructions for use and documentation;
– The item must be accompanied by the sales invoice so that the latter can identify the member (order number, surname, first name, address);
– The item must be sent by any shipment that allows the package to be tracked to the following address:

PixelHeart – Returns Service
33 Fongate Street
13006 Marseille France

If the Member chooses a method of return other than the procedure described above, and the Member cannot provide a tracking number if it is requested by the Return Service, PixelHeart may be entitled to refuse the refund requested in the event that the returned goods have not arrived. It is essential that PixelHeart can identify the Member who is making this return in order to be able to proceed with its refund. It is also necessary to attach to your returned product any document allowing you to be identified (copy of your order summary or copy of the invoice,…).

Article 10 – Payment

Payment for purchases is made by credit card, via a PayPal account or by bank transfer. The payment cards accepted to date are: CB, Visa, MasterCard.

For each order, a request to debit the Member’s bank account will be sent within 24 hours to his bank. In case of payment by PayPal, the amount of the purchases will be immediately debited from the PayPal account. The order will be considered effective after confirmation of the agreement of the bank payment centres. It is the member’s responsibility to save and print his payment certificate if he wishes to keep his bank and transaction details. Please note that orders by bank transfer will not be processed until funds have been received.

Article 11 – Security

The PixelHeart site is the subject of one of the most efficient security systems. It has not only adopted the SSL (Secure Socket Layer) encryption process but has also strengthened all scrambling and encryption processes in order to protect all sensitive data related to payment methods as effectively as possible.

Article 12 – Delivery

12.1. The products will be sent to the delivery address indicated by the member during the ordering process.

It is specified that, for technical and logistical reasons, the member who has chosen France as his country of residence at the time of registration may only be delivered in metropolitan France, Corsica (unless specifically mentioned at the time of sale), and Monaco.

For deliveries made in another EU country, two cases must be distinguished:

– The PixelHeart team will have pre-set the shipping costs and details corresponding to the member’s country of residence. In this case, the shipping costs will appear directly at the time of ordering. This is already the case for Belgium and Luxembourg.
– The PixelHeart team has not pre-set up the shipping costs and details for the member’s country of residence. In this case, the Member will have to wait for customer service to set these delivery charges. A request must therefore be made by the member. The Customer Service Department undertakes to provide a response within a maximum of 2 working days. The member who has chosen a country of the European Union as his country of residence at the time of registration, may only be delivered to that country unless the customer service department has given its express prior consent.

In the case of a sale, Members pay VAT in the Member State in which they make the purchase, and do not have to pay additional VAT when they return to their own Member State. The contribution to the logistical preparation and shipping costs is inclusive of VAT. All deliveries are announced by email. When shipping an order, pixelheart.eu / pixelheart.fr warns that an original invoice including delivery costs and VAT is available online on the Website under the heading “My Account”.
In the case of a partial shipment, the Member will be informed by e-mail of the shipment of the products present in the package shipped. The member will have the possibility to track the shipment of his order on the Website in the section “My Account/My Orders/Delivery Tracking”.

12.2. Delivery in France

The member must choose the place of delivery: at home, at the office, at a third person’s home, at the holiday destination. In the event of absence during delivery, at the address indicated by the member, a transit advice note is normally left in the mailbox: it is then possible to collect the package at a post office within 10 days of filing this advice. If the package is delivered by carrier, a notice is also left in the mailbox of the address indicated by the member when ordering. It will then be up to the member to contact the carrier to agree on a new delivery date. In the event of exceeding the above-mentioned deadlines, the package will be returned to PixelHeart. The Member Customer Service will then contact the member for a possible reshipment and without response from the member within a reasonable time will make a refund.

12.3. Delivery to another EU country

The Member will be delivered to the place of delivery chosen by the Member. In the event that the PixelHeart team has not previously set up the shipping costs and details corresponding to the member’s country of residence. It is agreed in article 12.1 that the Member must wait for customer service to set these delivery charges. The Customer Service undertakes to provide an answer within a maximum of 2 working days on the price of shipping costs and delivery terms.

12.5. Delivery time

The maximum delivery time is 30 working days from the order of the product, unless otherwise specified to the member before placing the order and before the final validation of the order. In this case, PixelHeart will provide the member with an estimated delivery date range. This period will be recalled in the summary of the order as well as in the delivery tracking section of the Website.

12.6. Delay in delivery

In such a case, the member may contact PixelHeart’s Member Customer Service whose contact details are indicated in the “Contact” section of the Website and by selecting the object corresponding to his request. The member has the right to cancel his order if it has not been delivered within seven working days of the delivery date indicated by PixelHeart, unless this delay in delivery is due to a case of force majeure within the meaning of the case law of the French courts. Within 10 business days of the Member’s request for cancellation, PixelHeart will make a request for a refund from the Member to his bank or PayPal account.

12.7. Partial delivery The member will be informed by email of the partial delivery of an order.

A second email will inform him/her of the delivery of the other products and/or services ordered.
Partial delivery of an order is only carried out in certain exceptional cases at PixelHeart’s discretion.

12.8. Absence of delivery

The member has the right to cancel his order if it has not been delivered within seven working days of the delivery date indicated by PixelHeart, unless this delay in delivery is due to a case of force majeure within the meaning of the case law of the French courts. Within 10 business days of the Member’s request for cancellation, PixelHeart will make a request for a refund from the Member to his bank or PayPal account.

If the member has not received his/her order and notes that he/she has not received delivery information due to a problem receiving the e-mail or tracking number, he/she has a period of 30 working days after placing the order (excluding pre-orders) to request cancellation or return of the order. If the time limit is exceeded, PixelHeart will not reissue a delivery or refund. The customer must keep informed of the status of his order, which can be consulted via his online account or by contacting us by email at [email protected].
In the case of an order with pre-ordered items, the 30-working-day period for taking action on a cancellation or return starts on the date when all the products in the order are available.

Article 13 – Guarantees

13.1.

Legal guarantee (1641 et seq. of the Civil Code)

PixelHeart, at the member’s choice, undertakes either to refund the member the price of the product, or to exchange the member’s product for an identical product according to available stocks, or to exchange a product or service for a product or service of equivalent quality and price according to available stocks in the event of delivery of a non-conforming product (article 6 above) and in the event of delivery of a product or service revealing a hidden defect. For any such request, the Member must then contact After Sales Service through the “After Sales Service” section of the Website.
These provisions are not exclusive of the right of withdrawal defined in Article 8 above.

13.2.

Exclusion of warranties

Products modified, repaired, integrated or added by the Member or any other person not authorized by the supplier of the said product or service are excluded from the warranty. The warranty will not apply to apparent defects. The warranty will not cover products damaged during transport or misuse.

Article L211-4 French Consumer Code
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

Note: Order 2005-136 2005-02-17 Art. 5: The provisions of this Order shall apply to contracts concluded after its entry into force.

Article L211-5 Consumer Code
To be in conformity with the contract, the property must:

1° – Be suitable for the use usually expected of a similar good and, if necessary:
– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
– have the qualities that a buyer can legitimately expect in view of public statements made by the seller, producer or his representative, in particular in advertising or labelling

2. – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Note: Order 2005-136 2005-02-17 Art. 5: The provisions of this Order shall apply to contracts concluded after its entry into force.

Article L211-12 Consumer Code
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 French Civil Code

The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1648 paragraph 1 Civil Code
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.