This page (together with the documents referred to) contains the terms and conditions on which we supply any of the Products listed on our websites www.pipolaki.com to you. Please read these Terms and Conditions carefully before ordering any Products from Pipolaki. You should understand that by ordering Products on these websites, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference. We store the contract’s content and will send you further details of your Order via e-mail. You can find these Terms and Conditions at all times.
You are buying a Pipolaki Product, if you are on the respective www.pipolaki.com product page and you do not see any reference to your contract partner being any different from Pipolaki. Information concerning the operation of the website The website www.pipolaki.fr. is managed by the company PIPOLAKI Group, limited liability company with share capital of EUR 15,000 whose registered office is at 2156 chemin Harrichury St Pierre d'Irube 64990 , registered with the RCS Bayonne under number 10 804 424 406 000 Legal representatives : Mr Reghenaz Franck, Ms Juliette Reghenaz Intra- Community VAT number : FR 45804424406
1. About us and these Terms and Conditions
- 1.1. About us and these terms and conditions “Pipolaki Group is a company registered in France with the district court of Bayonne under number 804 424 406 000 10 with registered office at RCS. If you have any comments or suggestions, we would be pleased to receive them by emailing us at [email protected]
- 1.2 These Terms and Conditions govern the supply by us of any Product ordered by you on Pipolaki. By ordering a Product, you agree to be legally bound by these Terms and Conditions.
- 1.3 In these Terms and Conditions: a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site; b) “Acknowledgement” means our acknowledgement of your order by email; c) “Breach of Duty” has the meaning given to it in clause 9.9(b) of these terms and conditions; d) “Business Day” means a day which is neither (i) a Saturday or Sunday. e) “Confirmation of Order” means our email to you in which we accept your order in accordance with clause 4.10 below; f) “Contract” means your order of a product or products in accordance with these terms and conditions which we accept in accordance with clause 4.10 below; g) “Customer” means individual who places an order on the site; h) “Liability” has the meaning given to it in clause 9.9 of these terms and conditions; i)“Order” means the order submitted by you to the site to purchase a product from us; j)“you” means the customer who places an order; k) references to “clauses” are to clauses of these terms and conditions; l) headings are for ease of reference only and shall not affect the interpretation or construction of the terms and conditions; m) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; n) references to “includes” or “including” or like words or expressions shall mean without limitation.
- 1.4 You can read our Terms and Conditions at any time on www.pipolaki.com. You may print out this document or save the file on your computer using the ‘save’ function on your browser. Click here to open this document as a PDF file. To open this file, you will need a PDF reader, such as Adobe Reader, available for free on www.adobe.com.
- 1.5 These terms and conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
2. The Customer’s Account
- 2.1 For you to be able to Order Products on www.pipolaki.com, you must have a registered Account. You only have the right to register one (1) Account on www.pipolaki.com. We reserve the right to delete duplicate Accounts and deny any Customers who do not comply with our Terms and Conditions the right to use their Account. We may also edit or delete these Accounts as part of our virtual householder’s rights. With your Account you have access to every Pipolaki Shop.
- 2.2When you register, you agree to provide accurate and complete information . The username and password for access to our sites is confidential and must not be disclosed to third parties . After clicking the button "register for free ", you will receive a confirmation of your registration by email.
- 2.3 When you register an Account, you will be asked to state some personal details. If you do not state this information, we will not register an Account and you will not be able to Order Products on . We will notify you by e-mail when your registration is completed.
- 2.4 We are not obliged to accept all registration requests or all Orders, even when placed by registered Customers nor are we obliged to keep a consistent range of Products or keep any Products available permanently. This clause does not affect Orders that have already been placed.
- 2.5 By registering on or placing an Order through www.pipolaki.com you warrant that: you are at least 18 years old.
- 2.7 You are responsible for keeping your personal log-in information secure and confidential.
- 2.8 You are solely responsible for all information you enter into any accessible areas. No entries may encroach upon third party rights. We are not obliged to save or publish your entries. Product reviews.
- 2.9 You are to refrain from any disruption of the Websites and the use of any accessible information outside its intended use on our platform. Any manipulation of our Websites with a view to fraudulently obtain money or any other advantage at a disadvantage to Pipolaki Group or any other users will result in legal action and a loss of access to the Websites. Our Accounts, product range and stock levels are intended for Consumers.
- 3.1 These terms and conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
- 3.2 These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
- 3.3 No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
- 4.1 When making an order, you must register for an account on the Websites as detailed in clause 2, and you must follow the instructions on the Websites as to how to make your order and for making changes to your prospective order before you submit it to the Websites.
- 4.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Websites) the charges you must pay and any applicable delivery charges. All prices include taxes.
- 4.3 You shall pay for the product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us.
- 4.4 If you are asked for details of a payment card, you must be fully en titled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- 4.5 You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
- 4.6 When you submit an order to the site, you agree that you do so subject to these terms and conditions current at the date you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
- 4.7 You agree that you will receive invoices and credit notes exclusively in electronic form.
- 4.8 Your order remains valid as an offer until we issue our confirmation of order or, if earlier, when we receive your notice revoking your Order.
- 4.9 We shall not be obliged to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order first).
- 4.10 A contract shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a “confirmation of order” stating that we are accepting your order. Our confirmation of order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the product.
- 4.11 If you discover that you have made a mistake with your order after you have submitted it to www.pipolaki.com, please contact us by mail [email protected] immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
- 4.12 We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- 4.13 A contract will relate only to those products whose dispatch we have confirmed in the confirmation of order. We will not be obliged to supply any other products which may have been part of your order until we have sent a confirmation of order in relation to those products.
- 4.14 You may only submit to us or our agents or the websites information which is accurate and not misleading and you must keep it up to date and inform us of changes.
- 4.15 Pictures and photos are not contractual and remain the poperty of the society PIPOLAKI GROUP.
5. Payment & delivery
- 5.1 We offer payment by credit or debit card (VISA, Master Card) or Paypal. However, we reserve the right to offer less than our full range of payment options.
- 5.2 Invoices, order breakdowns and vouchers shall be provided in electronic form only.
- 5.3 If you pay by card, your card will be charged on the date your Order is dispatched. The payment solution used is PAYPLUG This service integrates the SSL security standard. The confidential data (16 digits card number, expiration date as well as the visual cryptogram) are directly encrypted on the PAYPLUG servers without transiting on the Pipolaki.com server.
- 5.4 We accept ONLY PAYMENTS in EUROS.
- 5.5 The products ordered will be sent to the address you indicated during the ordering process. We are not responsible for delivery delays caused by the indication of a wrong address or incomplete by you.
- 5.6 When the seller is unable to perform the contract by force majeure or fortuitous event as defined by the French courts or by an external cause such a fault that is due you, the delivery time is extended by operation of law depending on the duration of the impediment. We will notify you by email of the occurrence and the end of such impediments. If the impediment lasts longer than four (4) weeks, either party shall be entitled to terminate the agreement as of right without that you can ask us to pay.
- 5.7 We use Colissimo for deliveries to mainland France, Corsica, Monaco and Andorra.
- 5.8 We are committed to deliver the goods ordered on the website www.pipolaki.fr within the period, expressed in days, which will be displayed in the summary of your order and in the order confirmation email. The delivery period starts on receipt of your payment. In case of exceeding the deadline for delivery, not justified by a force majeure, you can according to Article L 138-2 of the Code of consumption solve the contract by registered letter with acknowledgment of receipt or written on another durable medium, if after we have ordered, on the same terms, to make delivery within a reasonable additional period, we have not executed within this time. . Furthermore you can obtain a refund of amounts already paid.
6. Cancellation by us
- 6.1 We may cancel a contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
- 6.2 We will usually refund any money received from you, using the same method originally used by you to pay for the product.
7. Faulty Products
- 7.1 We warrant that: a) the product will be delivered undamaged in the quantities ordered b) the product will conform with the manufacturer's latest published instructions as set out on the website or in our product material at the time of your order.
- 7.2 The product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the product strictly in accordance with those instructions.
- 7.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
- 7.4 We try very hard to deliver products in excellent condition. However, if you tell us that the product is faulty, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.
- 7.5 In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including: a) you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective. b) you providing us with the delivery note number and such other information as we reasonably require.
- 7.6 If you would like us to repair, replace or provide a refund for the product where it did conform to the applicable contract, and we find that the product has: a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions. b) been involved in any accident or damage caused by an incorrect attempt at modification or repair. c) been dealt with or used contrary to our or the manufacturer's instructions for the product. d) deteriorated through normal wear and tear, After delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Limitation of Liability
- 8.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for: a) the performance, non-performance, purported performance or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or b) otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions.
- 8.2 In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
- 8.3 Subject to clause : a) we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and b) you should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- 8.4 We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
- 8.5 Save as provided in clause 9.2, we shall have no liability for: a) loss of revenue; b) loss of actual or anticipated profits; c) loss of contracts; d) loss of the use of money; e) loss of anticipated savings; f) loss of business; g) loss of operation time; h) loss of opportunity; i) loss of goodwill; j) loss of reputation; k) loss of, damage to or corruption of data; or l) any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses apply whether such losses are direct, indirect, consequential or otherwise.
- 8.6 In these terms and conditions: a) “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these terms and conditions, including, without limitation, liability expressly provided for under these terms and conditions or arising by reason of the invalidity or unenforceability of any term of these terms and conditions (and for the purposes of this definition, all references to “these terms and conditions” shall be deemed to include any collateral contract); and b) “Breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty). Items command Pipolaki 1. Information on the seller When ordering items Pipolaki, the seller is Pipolaki Group. You can find a description of items Pipolaki in the introduction to these Terms.
9. Prices and shipping
The prices displayed on the Site are indicated in Euros including French tax charges (French VAT and any taxes eventually applicable), excluding shipping costs, order processing costs and packaging costs.
The shipping costs, order processing costs and packaging costs will be included in the basket of the Customer, before final confirmation of the order.
Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.
10. Right of withdrawal
- Right of withdrawal in France Information concerning the exercise of the right of withdrawal Right to retract You have the right to retract this contract without giving any reason within a period of thirty days. The withdrawal period ends thirty days after the day on your own, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you owe us (Pipolaki Group 2156, chemin Harrichury 69990 St Pierre d'Irube, mail: [email protected]) notify your decision to withdraw from this contract by an unequivocal statement (eg letter sent by mail, fax or email). You can use the model withdrawal form, but it is not mandatory. In order for the withdrawal period is complied with, just like you to convey your communication on the exercise of the right of withdrawal before the expiration of the withdrawal period. Effects of withdrawal In case of withdrawal from your part of this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of additional costs arising from the fact that you have chosen, if necessary, a fashion delivery other than the least expensive delivery mode standard proposed by us) without undue delay and in any event, not later than thirty days from the day we are informed of your decision to withdraw from this contract. We will refund using the same payment method that you have used for the initial transaction, unless you expressly agree in a different way; in any event, such reimbursement does not incur any fees for you. We may withhold reimbursement until we have received the goods or until you have provided proof of the shipment, whichever is the earliest of these facts. You shall send back or hand them over to Pipolaki Group 2156, chemin Harrichury 64990 St Pierre d'Irube - France without undue delay and in any event, not later than thirty days after you have given us your withdrawal of this decision contract. This deadline is met if you send back the goods before the period of fourteen days. We will pay the cost of returning the property provided that you use the return label at your disposal. Model withdrawal form :
(Complete and return this form and the order number only if you wish to withdraw from the contract.It is also advisable to specify your order number)
To Pipolaki's attention - 2156 Chemin Harrichury - 64990 St Pierre d'Irube, France
I notify you by the presence my withdrawal of the contract for the sale of the property (s) below:
Ordered on ............... .. (date of order) and / or received on ............... .. (date of delivery)
Name of the Consumer Client:
Consumer Customer Address:
Signature of the consumer Customer (only in case of notification of this form on paper)
11. Guarantees and responsabilty
PIPOLAKI agrees to only use the confidential information of its Customers in the case of operation of its website.
In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.
As such, the information may be disclosed to the technical providers of PIPOLAKI.
Moreover, PIPOLAKI is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of PIPOLAKI. All requests must be sent by email to: [email protected] or by mail to the following address: PIPOLAKI 2156 - chemin Harrichury - 64990 St Pierre d'Irube - FRANCE.
This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) that issued the receipt No. 2095691 on 31 august 2017.
12. Dispute resolution
In order to settle your disputes, in the first instance, you must send us a written complaint to Pipolaki GROUP - 2156, Chemin Harrichury, 64990 Saint Pierre d'Irube.
One month later, if you are not satisfied, you can contact the CM2C mediation service simply and free of charge by submitting your file electronically at https://cm2c.net/, or by simple mail (attach your email, telephone and written complaint) to : 14 Rue Saint Jean, 75017 Paris- France.