These conditions of sale govern the sale of PicoGear products (the “Products”) placed through the PicoGear website www.picogear.com or any marketplace (such as www.amazon.com) (“Site”) between PICOGEAR SAS, (Société par Actions Simplifiée) with capital of EUR 5.000, whose head office is at 11 Rue de la Tombe Issoire, Paris (75014), France, registered in the trade register of Paris under the No. 809993090, Intra-Community VAT No. FR78809993090 (“PicoGear”) and the buyer and/or the end-user (the “Client” or “Customer”).
The purchase by a Client of a Product on the Site implies the Client’s adherence without reservation to these conditions of sale.
Products are invoiced at the tariff in force on the date of the order. Prices displayed on the part of the Site available to the general public include the VAT in force, unless otherwide specified. The prices displayed do not include possible duties and taxes that may be claimed by the customs authorities in the country in which the order is delivered.
Delivery charges are indicated before the order is placed and, depending on the Products and/or the amount of the order, are either invoiced additionally or borne by PicoGear, as indicated before the order is placed.
Payment of the order is made online by credit card (Visa, Carte Bleu, MasterCard, American Express), or via the PayPal system.
Products remain the property of PicoGear until the complete price has been paid. The Consumer is reminded that, as soon as he or she takes physical possession of the Products ordered, the risks of loss or damage of the Products are transferred to him or her.
The Consumer may benefit from discount codes. The Consumer undertakes to respect their conditions of use. Multiple discount codes may never be used cumulatively for a single order.
When the Consumer places an order, he or she is deemed to have accepted the Product’s price. The contract of sale of a Product is effective upon confirmation of the order by PicoGear, subject to the payment by the Consumer of the price of the Product in accordance with the provisions above and in compliance with the provisions of article 9 of these general conditions of sale.
The Consumer is asked carefully to complete the fields concerning his or her identification, the invoicing address and the delivery address.
No delivery can be made to a country other than those authorized on the site from which the order is placed.
The invoicing and delivery addresses may be different.
No delivery will be made until the payment has been validated.
PicoGear reserves the right, at its own discretion, to cancel a sale at any time. In this case, PicoGear will refund the full amount paid by the Customer.
Depending on the delivery address, deliveries are made by the PicoGear carrier from the PicoGear storage site within 1 to 15 working days. To track his or her order, the Consumer is invited to use the tracking number and the link that he or she will receive by electronic mail when the package is sent.
The Customer acts as the legal Importer of Record. As such, he or she is responsible for all the formalities incurring to the Importer of Record, such as but not limited to: Power of Attorney appointment, customs declarations and payments, etc. The Customers also bears all the responsibilities of the Importer.
The Consumer may cancel an order before the package has been sent, by making such a request under “Customer Service” on the Site.
If a package is damaged on delivery, the Consumer must refuse the parcel, tell the carrier of his or her reservations, and contact PicoGear under “Customer Service” on the Site.
If the Product delivered is not the one that was ordered, the Consumer must return the said Product, using the return note and the prepaid transport voucher provided by PicoGear at the Consumer’s request under “Customer Service” on the Site. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
If the delivery address is erroneous, PicoGear will contact the Consumer to obtain the correct address. If the Consumer cannot be contacted, the PicoGear carrier will return the package to PicoGear.
PicoGear will reimburse amount previously collected to the customer within 60 working days after having received the package back. PicoGear may apply to the Customer a processing fee to handle the return caused by an erroneous address provided by the Customer.
Without prejudice to the rights that are recognized by the law, the Consumer has a period of thirty (30) days from the receipt of his order to report to PicoGear that he wishes to return any Product ordered via the Site for any reason.
The Consumer must return the Product concerned to PicoGear without excessive delay and, in any case, not later than eight (8) days after the Consumer has communicated his or her decision to return the Product. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
Two return methods can be used.
(a) The customer may send the goods back to PicoGear using the return address provided by PicoGear, at its own cost.
(b) PicoGear may provide a pre-paid shipping label. In this case, PicoGear may incur the shipping cost to the Customer, as its sole discretion.
In all cases, the Customer which is the exporter is responsible for filling any international shipment requirements, such as Customs declaration, Export declaration, Batteries transport declaration, etc.
Upon reception of the Product by PicoGear, any additional fees such as: import fee, VAT, carrier handling fees, etc. will be incurred to the Customer.
PicoGear will inspect the returned Product and assess whether it is an “as new” condition or not.
PicoGear may incur an inspection cost to the Customer.
If the Product is not in an “as new” condition, PicoGear will not reimburse the Customer.
If the product is considered as in “as new” condition, PicoGear will reimburse the Customer from the payment initially received.
No reimbursement can be claimed by the Customer if the Product has not been received by PicoGear.
PicoGear will not help the Customer if the shipment is lost or stuck in customs, or if a payment of additional fees are required by the exporter.
Legal rights against faulty goods. A Consumer residing in the European Union may enforce against PicoGear the application of the legal rights against faulty goods referred to by articles L.217-4 and following of the French Consumer Code (transcribed in part in Annexe 2) if the purchased Product does not conform to contract.
If the Product does not conform to contract, the Consumer may choose between repair or replacement. PicoGear will repair or replace the Product concerned without charge, in accordance with article L.217-9 of the French Consumer Code. The Consumer has a right to obtain a reduction in the purchase price or a termination of the order in the following events:
If repair or replacement of the Product is not possible;
If replacement or repair of the Product cannot be implemented within a reasonable period; or
If replacement or repair of the Product cannot be implemented without major inconvenience for PicoGear.
A minor defect as a result of which repair or replacement is not possible or is excessively expensive does not give a right to the termination of the order.
The legal rights against faulty goods cover failures of compliance that occur within two (2) years of the delivery of the Product purchased from PicoGear.
To benefit from the legal rights against faulty goods, the Consumer must notify PicoGear of the faulty Product in writing, either by sending his or her request to PicoGear SAS – 11 Rue de la Tombe Issoire – 75014 Paris – France, or via the “Customer Service” on the Site. Unless proven otherwise, failures of compliance that appear within twelve (12) months of the delivery of the Product are presumed to have existed at the time of delivery, unless this presumption is not compatible with the nature of the Product or the nature of the failure of compliance.
The legal rights against faulty goods apply independently of the commercial guarantee indicated in articles 49 to 57 of these conditions of sale.
Guarantee against hidden defects. A Consumer residing in France may assert against PicoGear the application of the guarantee against hidden defects referred to in articles 1641 to 1648 of the French Civil Code (transcribed in part in Annexe 2) if the purchased Product displays a hidden defect that makes it unsuitable for use or that so diminishes such use that the Consumer would not have purchased it, or would only have paid a lower price, if he or she had known of it.
If the Product displays a hidden defect, the Consumer may choose either to return the Product to PicoGear and obtain the reimbursement of the price and the fees occasioned by the sale (such as delivery charges), or to retain it and obtain the return of a part of the price, in accordance with article 1644 of the French Civil Code.
An action under the guarantee against hidden defects must be brought within two (2) years of the discovery of the defect; in accordance with article 2232 of the French Civil Code, the carrying over of the starting point, the suspension, or interruption of the statute of limitations cannot have the effect of extinguishing the statute of limitations beyond twenty (20) years from the date of origin of the right.
To benefit from the guarantee against hidden defects, the Consumer must notify PicoGear of the hidden defects in writing, either by sending his or her request to PicoGear SAS – 11 Rue de la Tombe Issoire – 75014 Paris – France, or via “Customer Service” on the Site, and supply proof that the Product was affected by the said hidden defect on the day of the sale.
Without prejudice to the application of the legal rights against faulty goods and of the guarantee against hidden defects referred to above, Products are contractually guaranteed for parts and labour against any non-compliance or defect in operation for a period of twelve (12) months counting from the date of purchase by the Consumer, the invoice date being definitive (with the exception of wearing parts – batteries, for example, which are guaranteed for six (6) months).
The commercial guarantee is excluded for the following defects and damage:
In the event of failure, the Client is asked to contact the PicoGear’ Customer Service at www.PicoGear.com/support/ to verify whether the defect is accepted under the guarantee.
If the defect is accepted under the commercial guarantee, the Client will be told about the return procedure.
A Product is considered to be defective within the meaning of the present commercial guarantee if the defect reported by the Client is confirmed by PicoGear with reference to the conditions of normal use.
The commercial guarantee is expressly limited to free replacement of Products or parts acknowledged as defective by PicoGear, to the exclusion of any compensation for any cause whatsoever, in particular for loss and damage of any kind. Products may be replaced with refurbished Products or spare parts.
Replacements made on the basis of the commercial guarantee cannot have the effect of prolonging the initial duration of that commercial guarantee, except in the event of immobilization of the defective Product for more than seven (7) calendar days.
Products or parts replaced under the guarantee become the property of PicoGear.
If a failure is not accepted under the commercial guarantee, a repair service subject to payment may be offered if an estimate is accepted.
The partial or total inability to use the Products, particularly due to non-compatibility of the equipment, shall not give rise to any compensation, reimbursement or claim under the liability of PicoGear.
The Products may be subject to any applicable export control regulations. In the event of purchase of this type of Product, the Client will be requested to fill in a specific form before the order is finalised.
PicoGear reserves the right to refuse any order for which the Client fails to give an undertaking to comply with all applicable export control regulations.
The provisions contained in this article “Liability and exclusions” shall apply within the limitations of the applicable law and of possible public order provisions.
PicoGear cannot be held liable for any damage caused directly or indirectly by any equipment or component not purchased from PicoGear and used with the Products.
PICOGEAR’ LIABILITY FOR DAMAGE CAUSED BY THE PRODUCTS IS ONLY APPLICABLE TO:
(A) HAZARDS TO LIFE, PHYSICAL INTEGRITY OR HEALTH CAUSED BY A FAULTY PRODUCT; AND
(B) ANY OTHER KINDS OF DAMAGE, ONLY IN THE EVENT OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
ANY LIABILITY FOR MATERIAL OR IMMATERIAL DAMAGE, (WHETHER DIRECT OR INDIRECT) AS WELL AS FOR EXPENSES CAUSED IN VAIN, IS EXCLUDED, INCLUDING CASES OF SIMPLE NEGLIGENCE. THE TERM “IMMATERIAL DAMAGE” REFERS TO ANY DAMAGE WHICH IS NEITHER PROPERTY DAMAGE NOR DEATH OR PERSONAL INJURY. THE LIABILITY OF PICOGEAR WILL ONLY SUBSIST IN RESPECT OF A VIOLATION OF THE ESSENTIAL OBLIGATIONS UNDER THE PRESENT CONDITIONS OF SALE.
PicoGear’ liability is excluded in the event of the impossibility for the Client to place an order due to the unavailability of the Site or, if the acceptance of an order is interrupted, in the event that the Product is unavailable when the connection is re-established.
PicoGear is not liable for any loss of data that may have been stored during the use of the Products, in particular when the Product is exchanged or repaired. It is the Client’s responsibility to regularly back up the data stored in the Products.
PicoGear cannot be held liable in any manner whatsoever for any damage resulting from or arising out of a professional activity. In no event shall PicoGear be held liable for any damage resulting from or arising out of any wrongful use by a Professional of the Product.
These conditions of sale do not affect the legal provisions relating to liability for defective products, or any other compulsory legal provision.
PicoGear is and remains the owner of all intellectual property rights relating to the Products and no provision of these conditions of sale may be construed as assigning any intellectual property rights, to the benefit of the Client or any third party.
Products, as well as their packaging, are sold under the PicoGear trademark or under a trademark belonging to the PicoGear group.
PicoGear SAS is and remains the owner of the PicoGear trademark and logo and of any trademark or logo belonging to it.
Client’s personal data that are collected in the course of the purchase of a Product on the Site are used only for the purpose of executing the order.
These data are processed in compliance with French and European legislation relating to the protection of personal data. In accordance with those legislations, the Client has a right to access, rectify and delete his or her personal data. Under certain conditions, the Client also has the right to limit or oppose the processing of their personal data.
For further information, and/or to exercise his/her rights, the Client is invited to refer to the page dedicated to the collection and processing of personal data on the Website.
PicoGear SAS is a company incorporated under French law. Clients who place orders via the Site purchase the Products in France. The present conditions of sales are governed by French law.
These conditions of sale have been written in French (France). In the event of divergence between a translated version and the French version, the latter shall prevail.
In the event of any problem resulting from or arising out of an order or the delivery of the Products, the Client shall, before taking any action, seek for an amicable settlement, and in particular in the case of a Consumer, with the help of a consumers’ association or any advisor of his or her choice.
Pursuant to the terms of Article 14 of (EU) Regulation no. 524/2013, the European Commission has set up an online Disputes Settlement platform, which facilitates the independent online out-of-Court settlement of disputes between consumers and professionals of the European Union. This platform can be accessed from the following address: https://webgate.ec.europa.eu/odr/
In the event of disputes with Professionals, the courts for the head office of PicoGear shall have jurisdiction.