These conditions are concluded between, on the one hand,
The Company AbracadaBook EMEA Ltd (hereinafter referred to as "PIXALIB") registered with the Trade and Commerce body of Ireland, with registered office 2 Grand Canal Sq, Dublin2, Dublin Ireland, and editor of the Website “http://www.pixalib.com”
Server Hosting Organization: AWS (Amazon Web Service)
And on the other hand,
The Internet user (hereinafter the "Customer") that connects to the website http://www.pixalib.com (hereafter designated "the Website”) who wishes to make an order for products via the Website.
The parties agree that their contractual relations will be exclusively governed by these terms and conditions, to the exclusion of all other conditions or any other contract, except, where applicable, the special conditions of the site dedicated to "self-publisher" services.
At the outset, it is recalled that the present Terms of Sale are displayed, easily searchable, printable and downloadable on the website.
Therefore, any order placed by the Customer implies agreement without restrictions or reservations, to these Terms of Sale.
Thus, the mere fact that the Customer clicks an icon confirms him to know and agree to these General Conditions, and any order made confirms irrevocable and definitive consent on his part.
These General Terms may be supplemented by special conditions mentioned online, before the conclusion of any transaction between the Client and PIXALIB.
PIXALIB provides the customer all the information for identification and the General Conditions of Sale of service permanently on-site in the "My Profile" in the member zone.
PIXALIB declares that the Client may refer directly to the site's Terms and Conditions for which it is committed, 24/24 hours and 7/7 days.
PIXALIB Products: Books of photographs, literary or graphic content (hereinafter referred to as "the Book") which is designed by the Customer editorially and that, from one or more software is made available on the Website via Customer upload.
COPYRIGHT of all content uploaded to the website is deemed to be wholly the property and responsibility of the customer. Please refer to section 12 for further details.
Equipment required: The client must have a computer and Internet access that the potential cost and any costs are left to bear.
The customer cannot hold PIXALIB responsible in any respect whatsoever for any issues relating to the equipment used.
These general conditions of sale apply on the date of the order by the customer of the Product from PIXALIB.
The site allows the customer to use online software to edit the photographic content and / or literary and / or graphic content of their choice for the purpose of creating one or more Books. PIXALIB provides the Customer with the technical means to publishing of the book, while PIXALIB takes responsibility for the manufacture and delivery to the customer.
At the end of the book design phase by the Customer, the latter may be offered a proof book with the unit cost and delivery time specifically indicated.
Furthermore, PIXALIB sales offer include the following:
PIXALIB makes available to the customer before the online purchase, the following information, formulated in a clear, understandable and unambiguous way:
- The technical steps necessary to validate the sales contract and the contract terms, which state and confirm its commitment at every stage of the proceedings;
- The means to identify and correct any errors in data entry, which must be accessible during the entire order process from the online sales contract and until its final conclusion. The Seller’s promotional information and any advertising will be updated when necessary by PIXALIB to avoid any ambiguity in the mind of the customer.
To this end, PIXALIB provides the user a "double click" system for the expression of consent of the Customer and the validation of the contract after agreement to the General Conditions of Sale.
After joining the General Conditions of Sale the customer is invited to check and accept with a click in a scrolling banner all the terms of these conditions, the customer is presented with a new page, including details his order and the essential components of the sale.
The following is stated in the message of confirmation of purchase online to the Client:
- Identity of the shipping company (which company...the merchant??): company name, SIREN number, registration number in the Register of Trade and Companies (RCS), registered office, mailing address, email address, telephone number and, if applicable, fax;
- Geographic address where the Customer can make claims on assets acquired;
- Essential aspects of goods sold;
- Prices excluding VAT and the property purchased with VAT (where applicable??);
- shipping cost;
- Reminder of the possible withdrawal of the order and / or lack of right of withdrawal;
- Guarantees relating to the ordered item (guarantees of the Seller and the manufacturer);
- Conditions for terminating the contract of sale;
- Access to the hotline of the merchant site.
- Reminder of the right of complaint for non-conforming delivery and conditions of exercise;
To accept the offer to purchase, the customer makes the first ‘click’.
PIXALIB then immediately sends the customer an email summary of all components of the sale according to the description of the offer mentioned on the page just consulted and the completeness of all these terms.
Finally, the client is presented with a new page summarizing the details of the order and is presented with a question to which he must respond by performing a second ‘click’, “Do you confirm your order in this article to the sum of X euros from PIXALIB?” The Customer ‘clicks’ OK again on the icon to validate and finalize the e-commerce operation.
Following the procedure of the double ‘click’, PIXALIB sends to the Customer a confirmation email in order to indicate that payment for the online purchase has been received, as well as the main characteristics of the order.
After having read all the Terms and Conditions, the customer accepts these Terms and Conditions by checking the box "I accept the General Terms and Conditions".
All orders are subject to acceptance of the Terms of Sale.
Ticking "I accept the Terms and Conditions", constitutes acceptance by the Customer of these Conditions of Sale, and thus concludes the contract. These Terms and Conditions shall prevail between the parties.
It is the obligation and responsibility of the Customer to carefully read the provisions that follow, because all of them constitute a formal contract relationship between themselves and PIXALIB.
In the event that the client does not tick the box "I accept the Terms and Conditions", he or she shall not use the services of the Website and must abandon permanently the online ordering process.
In any event, only the General Terms and Conditions on the day of the order by the customer shall be contractually binding. PIXALIB reserves the right to amend at any time these General Terms and Conditions.
PIXALIB agrees to send to the Client by mail or email, all estimated relevant information relating to the management of the process and the sales contract concluded online, the monitoring of the contract and processing of potential claims by the Customer. The objective being that the customer is informed regularly, in his interest, on all matters concerning the conduct of the sale.
PIXALIB undertakes to deliver the goods specified under the contract to all Customer that order via the Website according to the terms provided by the current General Terms and Conditions. The transfer of ownership of the item ordered occurs upon receipt of payment of the total price of the item. As for the transfer of risk on the item in question occurs upon shipment by PIXALIB.
PIXALIB will update on the Website all offers, promotional or otherwise, in the special section provided for this purpose in order to ensure transparency and loyalty to the Customer.
PIXALIB commits itself to take all necessary measures to ensure the security of transactions carried out through the Internet, both in terms of confidentiality of information transmitted and payment transactions.
If unable to use the online sales system for any reason whatsoever, PIXALIB shall not obliged to use conventional offline sales channels in lieu of e-commerce.
The Customer agrees to pay PIXALIB the price of the acquired item(s), in accordance with the terms provided by these General Terms and Conditions.
The Customer acknowledges his legal capacity and holds the powers and authorizations to do so. The customer is forbidden to use false information or use information from third parties. The placement of the order is confirmed by PIXALIB by email or by other means. This confirmation informs the customer that the order has been properly recorded by PIXALIB but shall not be interpreted as an acceptance of the order. At the conclusion of the contract PIXALIB is responsible for the execution of the order. The manufacture of the item(s) shall be performed only upon full payment of the total amount of the order to PIXALIB. PIXALIB reserves the right to refuse an order including (but not limited to) its inability to perform the service; an abusive request of the Customer (as defined by case law); violation of legislation and the regulations in force; violating another's rights; and presumption of the impossibility of the Customer to enter into or complete the contract.
The Customer undertakes to execute loyally and in good faith all obligations to PIXALIB to ensure the sale takes place under the best possible conditions, and is committed to not ask PIXALIB for any benefit or service that has not been explicitly provided for in these Terms and Conditions.
The Customer undertakes to provide PIXALIB any information required for the smooth sale in a timely manner.
The Customer is committed in particular to meet the demands of the Seller by transmitting any data, information and documents that ensure PIXALIB has sufficient knowledge of the Customer, enabling both the Customer and PIXALIB him to perform its contractual obligations.
Customer agrees to cooperate fully with PIXALIB for the good progress of the sale including the upload of all content needed to publish the book(s).
The Customer is committed:
- to demonstrate diligence, responsiveness and availability in its relations with PIXALIB;
- to assist PIXALIB to monitor operations related to the execution of the sale, such as audits of information and any other requisite tasks.
The acknowledgment enables PIXALIB to legitimately consider that the offer is accepted in in legal effect by the Customer, unless the latter informs PIXALIB of his inability to decipher and understand said acknowledgment, or if he refuses to assume the legal consequences arising therefrom.
The site provides an automatic data of these Conditions of Sale, to be pre-constituting evidence of the online sale and its effective date, this evidence can be used in the event of further conflict between the Parties.
Accordingly, in order to protect itself from further conflict PIXALIB uses proof of the online sales transaction through electronic means and, in particular, summary information sent by PIXALIB during and at the end of the double-click procedure described in in Article 3.2 of these conditions.
To keep track of specific e-commerce operations, PIXALIB archives data and electronic messages exchanged with the customer, taking into account compliance with the legislation in force based on the evidence provided by electronic means.
The Sales Contract is deemed to be in force on the date of its joint validation by PIXALIB and the Customer via the E-commerce platform, operated by PIXALIB.
The sales agreement becomes effective immediately on the date of validation, that is to say, the date of completion of the "double click" procedure by the Client, as described in Article 3.2 of these Terms and Conditions remains in force until the full completion of the sales process, namely until the expiry of the order cancellation period by Customer.
PIXALIB reserves the right not to accept a Customer order for reasons of missed deadlines, especially relating to the payment of the transaction, or as a result of a too long lead-time for making available an item for the said Customer or violations of rights of third parties or any legal rules in force.
PIXALIB undertakes to ensure to the Customer the proper conduct of the sale within the time and the conditions in these Terms and Conditions.
These periods will automatically be revised, in particular if:
In the "Price" listed on the site and provided specifically for this purpose, the following elements are specifically mentioned:
Before ordering, the customer is informed by PIXALIB of all components included in the price, and should know at any time the details of transaction, i.e. which type and amount of items purchased or placed in "the basket", as communicated in accepted e-commerce language.
To access this information, he will consult the "Price" specially set at his disposal by PIXALIB.
In addition, by accessing this same heading "Price", the Customer understands the information provided relating to the payment terms of the transaction, as well as costs related to the chosen payment method (PayPal or credit card).
Finally, PIXALIB states that the prices of the items sold on its Website are indicative and may be amended under certain circumstances.
The Customer agrees to pay upon validation of the purchase online, the price of the product(s) contracted for, in prices in the currency indicated on the Website at the time of the purchase.
The prices specified in these Terms and Conditions are payable in cash, including all taxes on delivery of the invoice.
Depending on the payment method used by the Customer, the payment terms will vary.
Thus, the payment will be immediate if the customer decides to use the payment via PayPal or credit card - subject to any ban payment by his bank, or ban reported to PIXALIB.
PIXALIB reserves the right not to accept an order for reasons of lack of payment authorization, especially when informed by the Customer's bank.
PIXALIB declares to the Customer that all electronic transactions executed via the website are secure and strictly confidential, and that they take place in optimal conditions.
PIXALIB informs the Customer via data encryption to avoid any potential risk to their confidential information.
Finally, PIXALIB adapts its security measures with the evolution of new technologies, and against the development of new cyber threats.
￼Under the Personal Data Protection Ordinance amended on 25 Apr 2013, the customer's personal information is protected and encrypted during transmission to the bank payment-processing center.
Failure to pay the price within 5 business days of the validation of the online purchase by the Customer, PIXALIB may, in addition to demanding in court the execution of the sale, pause all warranties and terminate the sale under these Conditions of sale.
The aforementioned period starts from the date of PIXALIB’s e-mail confirmation receipt of the offer sent to the Customer.
Books or more generally any property delivered by PIXALIB remain the property of PIXALIB until full payment by the customer of the sales contract.
PIXALIB indicates in the "Delivery" section specially provided for this purpose on the Website, the geographical areas included and those excluded from delivery.
PIXALIB reserves the right to refuse delivery to some countries.
PIXALIB is committed to make every effort to deliver to the Customer(s) Item(s) ordered on the date previously determined by PIXALIB.
PIXALIB shall be solely responsible for deciding the choice of carrier. Shipping fees are borne by the Customer. Unless otherwise specified, PIXALIB will deliver to the address provided by the sender. In case of damage occurring after receipt by the customer, or due to a withdrawal by the customer of his order by the carrier, PIXALIB shall not be held responsible. PIXALIB will do its best to pool orders placed for delivery at the same address. In the case of delivery to countries with specific local rules leading to extra costs, the costs already paid under the sales contract by the Customer are deemed not to include extra taxes and any tariff duties. The customer should pay these additional costs. In countries with specific local rules arising extra costs, customs duties, taxes, fees or other charges in connection with the importation of goods, all additional costs are charged to the customer upon receipt of the package. The amounts of these fees depend on the regulations in force in each country of destination. It is up to the customer to check with local authorities concerned, obtain the necessary information and respect specific import formalities in the territory in question.
The item(s) ordered online by the Customer shall be delivered within 10 days of the order date and at the latest within 20 working days of the said order. In exceptional circumstances this period may be extended by 15 days maximum, following the consent of the Customer.
Digital item(s) ordered by the Customer online, are delivered in real time, directly online.
The delivery address must be indicated in the form completed online by the Customer especially for this purpose. The same is true for the company address where complaints from the Customer should be sent.
In case of non-conformity of the goods delivered according to the provisions in these Terms and Conditions, PIXALIB shall have two alternatives: either fix it by repairing or replacing the article in question with an article in perfect condition, or reimburse the Customer the full price of the Article.
If PIXALIB is not able to deliver the ordered items on time, it must inform the Customer immediately, pursuant to its obligation of information provision.
Furthermore, if the predetermined delivery deadline is not met, PIXALIB shall reimburse, within a maximum period of 30 working days, the payment made by the Customer at the express request of the latter.
The items offered for sale on the Seller's website are compliant with the legislation in force in Hong Kong. PIXALIB undertakes to deliver the goods in conformity with the Buyers wishes according to the provisions in these Terms and Conditions. In particular, they should not exhibit any technical defects or internal defects preventing normal operation.
The Customer has a right to complain online in cases where he is not satisfied with the products or services related to the sale. To do this, he must contact the said after-sales service department through the "service" link on the Seller's Website.
Customer advisors will do their best meet expectations, and provide an individualized response.
Demands from Customer experiencing one or more problems with the items purchased must be processed within a reasonable period, determined at the discretion of the Seller.
Pursuant to the Hong Kong Sales Of Goods Ordinance, the right of withdrawal cannot be exercised for goods that were made in accordance with the consumer's specifications or that have been tampered with by the customer. Therefore, the right of withdrawal is excluded for PIXALIB customers using the software provided on the website for publishing a book or books.
However, in case of purchase of the work of a self-publisher, the Customer has a right of withdrawal ￼ defined by Hong Kong Sales Of Goods Ordinance.
The self-publisher adhering to the dedicated services provided by PIXALIB has a withdrawal period defined by Hong Kong Sales Of Goods Ordinance.
PIXALIB shall only be held to an obligation of means including the use of software and tools available to its customers on its Website and ordering process, and means of delivery or postal services.
In no event shall PIXALIB be held liable for technical or clerical errors in Customer data loss resulting from the use of the website, the "Pixatelier" software application, or other software.
Responsibility for PIXALIB shall not be engaged for any inconvenience or direct or indirect damages arising from the use of software on the Internet, including a break of service, external interference or presence of computer viruses or any incident of un-fortuitous event or force majeure, in accordance with jurisprudence.
Only in cases where the faults are directly attributable to PIXALIB’s manufacture of the product (i.e. faulty binding, poor print quality or unprinted images or the deterioration of the Book), which are subject to strict compliance by the customer, can compensation for the customer be considered. Nevertheless, PIXALIB gives no legal guarantee on the color or hue of printing offered on its products.
PIXALIB accepts no economic responsibility for any damage, direct or indirect (in particular: operating losses, loss of profit or loss of opportunity), caused by the customer that may be linked to the quality the service offered on the site, or disruptions in the use of the site or application "Pixatelier". Difficulties incurred while using the site or application "Pixatelier", for whatever reason, or breaches of computer security, which may cause damage to customers’ computer equipment and data, as a result of customer mishandling, cannot be considered under Hong Kong civic law as the liability of PIXALIB.
PIXALIB is liable to the Client for damages resulting from non-performance or improper performance of these Conditions of Sale, including those resulting from the non-conformity of goods delivered, except when able to demonstrate, if appropriate, that the damage occurred due to improper use of the articles by the Client.
In any event, the responsibility of PIXALIB cannot exceed the price of the item ordered online by the Customer.
Furthermore, PIXALIB shall under no circumstances be held liable for:
PIXALIB is not responsible for non-compliance with the legislation in force in the country of delivery listed in Appendix I of these General Conditions.
PIXALIB is solely responsible for compliance with the legislation in force in Hong Kong on the subject of delivery.
The Customer is solely responsible for the selection of items ordered, conservation of the date of delivery, as well as their use.
If delivered items appear damaged, for any reason whatsoever, the Customer must notify PIXALIB in order to get them repaired, replaced or refunded.
Responsibility for PIXALIB will not be admitted for any third-party claim related to the data provided by the Customer which he seeks reproduction through the use of PIXALIB services. The Customer agrees to upload to the site all requested data, which remains the sole responsibility of the client. Therefore, the customer acknowledges that disclosure of any information considered confidential is his own responsibility.
Furthermore, the Customer declares to know and accept the characteristics and limitations of the Internet, and recognizes in particular that internet networks can show highly variable performance during data transfer and that PIXALIB will in no way be held responsible.
Also, the Customer undertakes to take steps to protect personal data, computer systems and software, and avoid contamination by all kinds of malware (viruses, spyware etc.) that circulate on the Internet.
Only the Customer, and not PIXALIB, is fully responsible for data transferred to the PIXALIB site or via the application "Pixatelier".
PIXALIB undertakes to respect the rules of e-commerce, and in general, in distance selling, as well as the Hong Kong legislation relating to this area of commerce.
PIXALIB guarantees that its Website is secure and can be viewed on any type of computer system, via a server connected to the Internet, except in cases where a country or territory may employ firewalls.
PIXALIB guarantees the transportation of goods ordered by the Customer as well as to respect delivery times as is provided for in these Terms and Conditions.
In addition, PIXALIB guarantees the damage to the Customer as a result of PIXALIB’s misconduct or error on the substantial quality of the thing sold, or fraud, or negligence to the Customer.
The Customer is covered by the contractual warranty of two (2) years from the effective date of these Terms and Conditions.
PIXALIB guarantees that all items sold on its Website were subject to all necessary measures to ensure their conformity with the description that appears on that site on the date of the order by the Customer.
PIXALIB also warrants that the goods sold are of good quality according to the specifications indicated in these Terms and Conditions.
Otherwise, PIXALIB shall be held for breach of the obligation to transfer as defined in the Article of these Terms and Conditions.
Finally, PIXALIB warrants goods ordered meet the specific expectations of the Customer.
The Customer has a period of 5 working days after delivery of the goods ordered to inform PIXALIB for any lack of conformity of the goods with the expected quality.
The Client will then send PIXALIB an email summarizing precisely the lack of conformity of the goods in question. The goal is to obtain the replacement of defective goods or reimbursement of the equivalent price.
Apart from the legal warranty against hidden defects as provided by Hong Kong Sales Of Goods Ordinance, PIXALIB is obliged to protect the Customer against hidden defects. In this context, PIXALIB ensures against internal faults or defects of the goods sold, which makes them unsuitable for normal use for which the Client intended, or that diminishes such use in a noticeable way.
Apart from the legal guarantee of eviction as provided by law 1626 and adherence to the Civil Code, PIXALIB guarantees the peaceful enjoyment of property acquired through its retail website.
Therefore, PIXALIB agrees to support all claims and / or procedures in whatever form, scope or nature, which would be formed against the Customer and which would relate to the sale and the obligations applicable at the Seller's expense for these Conditions of Sale other than violations of intellectual and industrial property which the Client would be the author.
To the extent permitted by law, PIXALIB, in good faith, shall disclaims all warranties other than those expressly provided for in these Terms & Conditions, which the Client is subject.
In particular, PIXALIB does not guarantee the abnormal use of the item ordered by the customer due to negligence or fault, nor the replacement of items due to normal wear and tear or obsolescence, or their dysfunction caused by an event related to force majeure.
The warranty ends on the day its effects are suspended or terminated, either because of non- payment by the Customer, or because of the termination of the sales contract.
Therefore claims of the Customer submitted after the suspension or termination of the sales contract are not covered by the warranty.
The Customer declares to hold all rights on intellectual and industrial property rights of photos and files generally for any documents he entrusts to PIXALIB
￼Pixalib recognises the customer as the sole owner of all copyright on intellectual property, including rights of text, photos and files, submitted to PIXALIB, except where provisions listed in this section 12￼of the Terms and Conditions are breached.
The Client gives without reservations or limitations to PIXALIB, permission to reproduce all photographic works and/or literary works, which are entrusted to the company, for reproduction as part of this Agreement. The Customer assigns free of charge to PIXALIB the right to reproduce exclusively for promotional purposes and for a limited period of time extracts of all ordered books.
The Customer guarantees that no element, photograph, art work, file or literary content transmitted to PIXALIB is legally owned by a third party who would have the right to claim ownership rights of said intellectual or industrial property or any other private rights.
PIXALIB is authorized to check the contents of data and / or albums sent by the client. The customer is solely responsible for the content of the transferred material deposited on the site or via the "Facebook Photo Book" PIXALIB application or any other media controlled by PIXALIB, and made available to third parties, or shared with third parties, either to the general public or to private persons.
The Customer shall not use the Service to: upload, post, or transmit by any means any literary content or images that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist or otherwise objectionable; or undermining in any way to minors; or transmit any content that might constitute, without the following being limiting, incitement to commit crimes and offenses; of incitement to discrimination, hatred or violence due to race, ethnicity or nationality; false news; to undermine the authority of justice; information relating to the adoption, at trial, the suicide of minors or an individual’s tax situation; defamation and insult; of invasion of privacy; or an act endangering minors particularly by the manufacture, transport, and distribution of violent or pornographic messages to or content likely to seriously undermine human dignity; forge headers or otherwise manipulate any identifiers in order to disguise the origin of Content transmitted through the Service; upload, post, transmit by any means any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter collectively the "Rights") of any party; upload, post, transmit by any means any advertising or promotional materials unsolicited or unauthorized (including engaging in "Spam", transmission of "junk mail", chain letters or any other form of solicitation); interfere with or disrupt the Service or servers or networks connected to the Service, store or transmit files and data containing viruses or programs to overwrite data in memory or other contaminating function or refuse to comply with the required conditions, procedures, policies or regulations of networks connected to the Service; violate, intentionally or not, any law or national or international regulations and any other rules having the force of law; harassing in any manner whatsoever another or several other users collect and store personal data about other users.
In cases where PIXALIB finds its use contrary to these Terms Service Sales, PIXALIB reserves the right to remove content.
For criminally punishable content, PIXALIB will alert the proper authorities. If third parties complain about a Customer's data content, PIXALIB will do the maximum possible to restore a healthy situation, but can in no way be held responsible for Customer data dissemination.
In any event and whatever the cause or basis, the Customer agrees to indemnify PIXALIB against all financial consequences of legal action or claims by third parties, including consequential sending, dissemination and the use or transmission of content made the Customer on the Website and via the application "Pixatelier" and when using the Services, when in violation of the Terms and Conditions Sale, or when infringing the rights of others.
PIXALIB ensures the privacy and security of data with existing data protection techniques.
However, it is the responsibility of the customer to ensure the safeguarding of its files. PIXALIB shall not be held responsible for customer data loss or accidental destruction, during their transfer via the Internet, or during their processing for printing.
The Customer is informed that certain voluntary or involuntary manipulations of the site or application "Pixatelier" can lead to the sharing and publication of these data to third parties, such as the sharing of albums to friends. The customer agrees not to give this access to people who are unknown to him.
Customer agrees that PIXALIB may at any time change the period of storage of transmitted photo albums or any other content.
PIXALIB gives no warranty as to the data storage on its website and those uploaded by the customer in the application "Pixatelier".
The Customer shall not make PIXALIB liable for loss of data and / or albums, the customer commits to make backup copies.
In general, the Customer is solely responsible for the use of the data he consults, questions and transfers on or through the Internet, and the use of various services offered by PIXALIB for which responsibility cannot be deemed to be PIXALIB’s in any capacity whatsoever.
The customer is committed to accurately provide all the elements relating to his personal data required, particularly during the ordering process.
In case of erroneous information, PIXALIB cannot be held responsible for failure to route the orders to the Customer.
This information is essential to PIXALIB to process all orders. The transaction history on the website, via the Website and "Pixatelier" application PIXALIB will be retained for a period consistent with the legal period of retention of personal data. The data provided by the customer are subject to computerized treatment and are subject to change without prior notification of the Customer, including for the advancement of the status of his order.
Under the Hong Kong Data Privacy Ordinance, the client has a right to access and rectify the data￼concerning him
The Customer is informed that this automated treatment of information, including management of users' e-mail addresses, has been declared to CNIL or relevant authority under the number-in recording system.
PIXALIB may, for commercial reasons, transmit to a trade partner the identity and contact information of service users.
Through PIXALIB, the Customer may be required to receive offers from other companies or organizations, or be informed of commercial offers by email, by phone or mail.
If the Customer does not wish to be informed of such offers, he simply contacts PIXALIB (indicating his name, address and customer number):
Through the contact form on the website www.pixalib.com
Or by post to the relevant local regional office
In case of force majeure, the PIXALIB obligations are suspended for the duration of occurrence.
Incidents considered to constitute force majeure beyond those usually retained by the jurisprudence included but are not limited to: blocking of telecommunications, blocking or unavailability of Internet networks, hardware failure of broadcasting services, fire or water damage, blockage of means of transport or supply, and total or partial strike.
Neither party will be liable to the other, nor shall indemnity be requested, under these harmful delays or consequences due to one or more incident of force majeure.
If beyond a period of three months, the parties note the persistence of force majeure, these terms will be automatically terminated as of right, unless otherwise agreed between the two parties.
In case of breach by any of the Parties of its obligations under these Terms and Conditions, the aggrieved party shall address the other party by e-mail giving notice to perform its obligation.
Furthermore, the sales contract between the Parties may be automatically terminated by the aggrieved party, subject to observance of a notice period of 15 days, after notification of the grievance remained without effect, without prejudice to all damages and interests to which the aggrieved party may claim.
If the Party in breach of its obligations fails to address its obligation within 15 days from the receipt of such notice, their agreement will be automatically terminated without judicial or extrajudicial formalities. The notification must state precisely the cause of termination.
PIXALIB may terminate its agreement binding on the Customer, especially in case of non-payment of the price of the item ordered by the latter.
PIXALIB must terminate the agreement by sending the Customer a registered letter with acknowledgment of receipt; termination via e-mail is solely and exclusively to be used by the Customer.
Customer may terminate its agreement with PIXALIB by email if desired, especially in case of non- fulfillment of its obligations such as non-delivery of goods ordered. The cancellation will take effect immediately after sending this email to PIXALIB. PIXALIB then, if appropriate, will reimburse the Customer the price paid in full.
The termination ends the contractual relationship between the Client and PIXALIB.
As for the obligations of Parties to the expiration of their agreement, they will be governed as follows to that end, whatever the cause. Each Party shall be bound to the payment of all sums due, plus interest, costs and accessories:
Each Party undertakes to maintain the confidentiality of the data involved in respect of their contractual relations.
In case of invalidity of a provision of this Agreement, it will not cause the cancellation and / or resolution of the entire agreement.
The void clause will be devoid of legal effect between the parties and it shall be deemed unwritten.
Hong Kong law will govern the interpretation and implementation of these General Terms and Conditions and the relationship between PIXALIB and the Customer.
Any disagreement or dispute between the parties born on the occasion of these Terms and Conditions, on their application, interpretation and/or liabilities incurred, which cannot be settled amicably by the parties, will subject to the competent Courts of Hong Kong SAR.