GENERAL TERMS AND CONDITIONS OF SALE

1. Introduction

The general terms and conditions of sale detailed below only govern the contractual relationship between the User (hereafter referred to as You) and the trader Pixmania (hereafter referred to as We) belonging to the company Pixmania S.A.S. with a capital of 19,033,875 Euros, whose headquarters is situated at 183 Rue du Chevaleret - 75013 Paris and registered on the register of companies and commerce in Paris under the number B 352 236 244 ; EU VAT number IE 9979019M. Both parties accept these conditions unreservedly. These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our general conditions of sale, having read them. These Terms and Conditions of Sale are important to you and Pixmania as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between us.

We recommend that you read and accept the general terms and conditions of membership of commercial partners before you make a purchase from a trader other than Pixmania.

2. Ordering

There are 2 methods in place to put through an order:
- by Internet on our site: http://www.pixmania.ie 24 hours a day and 7 days a week.
- by telephone at 01 659 0282 (calls charged at national rate)Monday to Friday 9am - 5pm - except for orders paid by credit cards using a personal password or “verified by visa” security system

3. Product information

Pixmania takes great care when putting information on-line with respect to the essential characteristics of our products, notably with respect to the technical descriptions emanating from our partners and suppliers and the photographs illustrating the products; this however, within the technical limits that exist and with respect for the best standards on the market.

All the accessories contained in the bundles sold by Pixmania.com are compatible brand accessories and not manufacturer’s brands. Please note that some products' instruction manuals do not come in English. If the instruction manual does not come in English, this information will clearly be featured in the technical information sheet of the specific product.
Please note that in the case where you buy a product which does not have an English instruction manual you will be able to download the English manual by clicking on a link in the “order tracking” section of the Pixmania website.

Some products come with 2-pin plugs, adapters are supplied with your order. Please note, that items can be delivered with French manuals & software. Both can be downloaded for free via your Pix & I.

4. Prices

The prices indicated on the Site are in Euros and include all taxes but do not include delivery.The possible delivery costs are indicated for the User as products are chosen and are invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time but will apply the current rates as indicated to you on the site at the time the order was placed.

We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.

5. Availability

Please note that we will honour your order while stock is available.

If a product becomes unavailable after your order has been confirmed, we will refund the price you paid for the product within 30 days following the date of payment.

If there are certain products that are temporarily unavailable, we will send the available products and will refund the shipping fees for the rest of the order.If available, we will offer you a replacement for an unavailable product, a product of equal price and quality.
If you choose to refuse this offer, we will reimburse the unavailable product. If you wish to return it to us in the conditions outlined in article 9 (right of retraction – satisfied or reimbursed), the return postage will be covered by us.

6. Delivery methods

The products bought on the Site will be delivered to Ireland. In the event where you want your goods delivered to another country where Pixmania is present, you must purchase your order through that site that corresponds to your country (for example: for Spain, go to Pixmania Spain; for France, Pixmania France). It is the country where delivery will take place that determines the country of purchase. Pixmania does not deliver to PO Box addresses.

Your goods will be delivered to the address you indicated when you placed your order. Please note that to receive goods in Northern Ireland, the order must be placed through Pixmania United Kingdom.

If your product is shown to be "in stock" on our website when you place your order, the number of days between the order date and the date that the carrier first attempts to deliver to the given address can be calculated as follows:
1. Dispatch time (24-48 hours) = payment validation + order preparation + parcel collection by carrier
2. Delivery time of your parcel(s) according to the carrier you have chosen. Carrier delivery times start from the moment you receive an e-mail confirming order dispatch.
Dispatch and delivery times are given in working days.

Pixmania offers several methods of delivery. For further details, please refer to our Delivery page.

Lost parcels

Pixmania does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package in the indicated time frame, an investigation will be conducted with the carrier and may take several days upon receipt of your claim (ex.7 days with BPos International / UPS Standard, 7 days with UPS). During this period, no reimbursement or re-delivery will take place.

Upon reception of your order, we recommend that you verify your products against the order that you placed with us and if necessary, write any anomalies that may have occurred on the delivery voucher, not forgetting to sign it. Without prejudice with respect to the applicable legal guarantees, we recommend that you address any reservations you may have pertaining to malfunctioning products on the date of delivery as quickly as possible by Post to the following address or by email: Pixmania, Customer Service Department, 43-47 avenue de la Grande Armée - 75217 Cedex Paris 16, France. Fax: +33 1-45-01-36-69. 

 

7.Waste Electrical and Electronic Equipment (WEEE)

The Waste Electrical and Electronic Equipment Directive (WEEE Directive) aims to minimise the impact of electrical and electronic goods on the environment, by increasing re-use and recycling and reducing the amount of WEEE going to landfill.

When you purchase from us we will recycle and dispose of your old electrical appliance for free. If you want us to do this simply take your old product in to a Currys store. You can find the store closest to your home by clicking on this link.

8. Tax-free shopping

Please note that VAT is non-refundable.

9. Secure payment

Pixmania has chosen to guarantee payment security with WorldPay by encrypting the connection when transmitting information on the network.
When you see the payment sign , you will know that your payment is secure.
The name WorldPay may appear on your bank account statement.
Please note that if our security department suspects fraud, we have the right to cancel the transaction for security reasons.

Pixmania offers 5 methods of payment depending on the product purchased : Credit card (Debit card, Visa, Visa Electron, American Express, Maestro or MasterCard), gift certificates, bank transfer, PayPal and Pix Piggy credit.

When you pay by credit card, your account will be debited when your order is dispatched, on the condition that we have received pre-authorisation for your payment. If sufficient funds are not available, your order will not be taken into account. For payments made on-line by credit card, the “Secure Socket Layer” (SSL) is used, which allows your banking information to be encrypted when on the network.

For security reasons, all orders paid by bank card are verified by PIXMANIA. Complementary information may be requested, or demanded, in order to validate your purchase. By consequence, and in trying to avoid any delay, when you place your order, please enter the following: -a professional or paid-for email address-a land line telephone number (work or home) where you can be reached at any time of the day
Furthermore, for any order above the amount established by PIXMANIA, a piece of identification as well as proof of address will be requested and should be sent via fax, Post, or email. We apologize for any inconvenience this may cause, however these measures are taken to protect our clients from possible fraud associated with bank cards.

Bank transfer payment: Your payment will be processed when your bank transfer is received. Once your payment is received we will dispatch your goods. The processing of off-line payments may take several days.

10. Right of Retraction - Satisfied or Reimbursed

Pixmania allows you 7 working days to return a product that you are not satisfied with. You can return the product within this time frame, at your own expense, with your invoice and a completed and signed returns coupon.

We request that you send us the merchandise by registered post and that you purchase insurance with the carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility.
The present right of return only applies to products that are returned in their original, complete packaging (accessories, user guide etc.), and in working condition. Any product that has been damaged, is not in its original packaging, has packaging that has been worn beyond simply opening the product will not be refunded. Please note that the right of retraction does not apply to unsealed CDs, DVDs, and computer software. Furthermore, in the interest of hygiene, Pixmania does not offer refunds on some Love Shop products, including sex toys where the box has been opened, pierced jewellery, cosmetics such as oils and creams, and items like underwear and swimwear where the hygiene strip is no longer in place.

All data stored on a digital support (memory card, hard drive etc) and sent back to Pixmania by the User will not be kept. The deadlines mentioned above are effective the date of reception of the order. You can fill in your returns coupon in your Pix & I.

You will be reimbursed via the same payment method as was used initially. Gift certificates are refunded as credit on your Pix&I account.

If tests need to be conducted on the product, in the framework of the right of retraction, Pixmania will do its best to reimburse you as quickly as possible. This time period will depend on the nature of the technical tests performed by the After-Sales Service of your product’s manufacturer, for a maximum period of 21 working days.

Cooling-off period applicable to jewellery

Pixmania gives you 30 days following the delivery date to return your jewellery. During this time, you may request an exchange or refund.
Return charges are your responsibility.

The aforementioned cooling-off period is only valid for jewellery that is returned with its packaging (gift box, case, etc.) in a condition that allows it to be resold by Pixmania. Jewellery that is incomplete, damaged or soiled by the customer will not be accepted.

In the event of a refund, the amount you paid will be reimbursed by Pixmania within 30 days:
- via the method of payment you used for your order, if the right of withdrawal is exercised within the 7 days following receipt of the products ordered;  
- as credit to your Pix Piggy Bank between the 8th and 30th day following receipt.

Pixmania will resize your jewellery for free within 30 days. Jewellery that has been resized cannot be returned.

11. Returns

For any returned package, please go to your PIX&I space and follow the return policy instructions.

Please note that shipping fees are the client’s responsibility except if the product does not conform to the description of said product (the client is responsible for any damage done during the shipment of returned goods).
For the period covered under warranty, the client must return the product to PIXMANIA’S After-Sales Service. No package will be accepted at the Pixmania head office.

Please note that the workshop may need to delete data stored on your device’s memory card or hard drive in order to repair it. We therefore advise you to back up important files before sending your product to our After-Sales service for repair. Pixmania shall not be held responsible for any data loss resulting from repairs.

12. Product warranties

Several types of warranties are available for the products sold on our website. All products sold on the Pixmania website, whether they are new or used, come with a legal guarantee concerning product conformity, as outlined in the following legal clauses. The aforementioned guarantee may be used in conjunction with extended warranties.

Pursuant to the legal guarantee concerning product conformity, Pixmania commits to delivering your order in accordance with the provisions of the concluded sales agreement. Pixmania will also take responsibility for any latent defects noticed upon delivery.

To comply with the terms of the contract, products must:
1) Match the description given on the website.
2) Be suitable for the purpose usually associated with such a product, or be suitable with any other purpose required by the customer. The customer will have informed Pixmania of the required purpose before placing their order, and Pixmania will have formally confirmed the suitability of the product.
3) have the features and purpose that customers would expect from such a product, given the product type and description on the website.

In the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement.

The legal guarantee concerning product conformity covers all latent defects discovered within 2 years from the date your product was delivered.

Whatever the problem with your product, we recommend you return it with the supplied warranty card and a returns coupon. The returns coupon may be printed from your “Pix & Me” account.

The legal guarantee concerning product conformity does not apply in some cases:
- when damage is caused by external factors such as shocks, lightning, power surges, rust and sand.
- when damage is caused by the customer’s non-respect of the manufacturer’s instructions regarding the use and installation of the product,
- when damage is caused by the customer’s misuse of the product
- when the customer is aware of damage to the product at the time of placing their order

Manufacturers’ warranties for defective products:

In addition to legal guarantees, some products sold on the website come with a manufacturer’s warranty. Manufacturers’ warranties vary in terms of length and coverage depending on the product and brand.

Manufacturers’ warranties do not cover:
- replacement consumables such as batteries, light bulbs, fuses and recording or playback heads,
- improper use of the product,
- damage resulting from repairs performed by non-certified technicians,
- damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust and sand.

Please read the user manual supplied with your product(s) carefully for the exact terms and conditions of the manufacturer’s warranty.

Should the manufacturer not honour the terms of the warranty for any of the aforementioned reasons, Pixmania will not be held responsible.

In cases where the manufacturer’s warranty is not applicable, the manufacturer will provide the customer with an estimate repair fee. If you would like your product(s) to be returned to you by the manufacturer without any repairs being carried out, administration charges may apply. Should you choose to abandon your product altogether, no additional charges will apply.

You have 3 months to accept or reject the quote and pay the amount due. If we do not hear from you within this time, we will assume that you have rejected the quote and abandoned your product. No compensation will be issued.

Our after-sales service will only attempt to send products to customers twice. If we are unable to deliver your parcel on both occasions, (i.e. parcel refused, delivery impossible, etc.) your product will be returned to PIXMANIA’s logistics centre, where you’ll be able to collect it within 3 months. After this time, we will assume that you have abandoned your product, and PIXMANIA will reserve the right to destroy your item. No compensation will be issued.

Commercial warranty applicable to ROSE & KARA jewellery

ROSE & KARA jewellery comes with a 2-year commercial warranty that is valid from the date of delivery. This warranty is free of charge and does not affect your statutory rights.

Pixmania will cover the cost of repairing defects that occur during normal use of the jewellery (such as a lost stone or a broken post for earrings).

During the warranty period, Pixmania will cover the cost of repairing jewellery by a certified centre (parts and labour). It will also cover the cost of returning jewellery to the customer from the After-Sales service. However, the customer is responsible for the cost of shipping the jewellery to the After-Sales service.

The commercial warranty does not cover defects that result from: 
- the incorrect use of the jewellery,
- normal wear and tear,
- an accidental event,
- an external cause (such as an impact or the repair of jewellery by an unauthorized third party).

To take advantage of the commercial warranty, please return your jewellery to us, along with a duly completed returns coupon. Returns coupons may be printed from your Pix & Me account.

13. Litigation and responsibility

This contract shall come under French law. Pixmania will not be held responsible should our contract with you fail, for example, because of an Act of God, such as defined by French courts, or because of the User’s fault, or because of some unforeseen or insurmountable problem with a third party. We remind you that it is wise to save your data for purchased products. Pixmania will not be held liable for the poor use and their consequences on the products purchased from our Site. Although our products have performance that is compatible with professional usage, Pixmania does not sell products for professional use.

14. Pixmania Service

Products covered by the Zen Engagement can be easily identified on the site www.pixmania.com. You may only register for the Zen Engagement when you purchase your product on www.pixmania.com.

WHAT IS THE ZEN ENGAGEMENT?

Advantages of the Zen Engagement:

1. If you find your product for less on another website within 7 days of purchase, Pixmania will refund you the difference.

2. If your product develops a fault within 12 months of purchase, Pixmania will refund the total amount you paid to your Pix Piggy Bank.

3. Up to 25% off on a selection of essential accessories for your product.

4. You can trade in your old product. Pixmania will give you a voucher so you can buy something new.

5. Expert advice to help use your product

APPLICATION CONDITIONS

1. Price matching:

Price matching only applies in the following ranges: CAMERAS, CAMCORDERS, SOUND & VISION, COMPUTING, TELEPHONY and VIDEO GAMES (accessories and consumables not included).

If you find the same product (same brand, same model and same version or edition immediately available) for less on another website in Ireland within 7 days of purchasing it on www.pixmania.com, Pixmania will refund you the difference.

The product must be identical, new and cheaper. The product must include the same accessories and equivalent warranty and the price must be lower exclude shipping fees. The price of the product is the price displayed (including V.A.T.) excluding discounts such as promotional codes, gift vouchers and any other special offers such as stock clearance or sales. This offer is limited to one refund per household for each product purchase on www.pixmania.com.

Products from websites based on bidding systems or classifed ads placed by individuals and/or products delivered outside of Ireland are not included.

To request a refund, simply send us a copy of your invoice, a printout of the page on the website with the same, cheaper product as you purchased on www.pixmania.com (printouts of price comparison websites will not be accepted) and your bank details (bank name, account name, SWIFT and IBAN).

Once your details have been confirmed and the retraction deadline has been exceeded, we will refund you the difference between the product you purchased on www.pixmania.com and the price you found on another site in Ireland according to the above conditions, by bank transfer.

2. Refund if your product develops a fault in the first year:

This service lasts for a full year and covers all defects that do not fall within the terms of legal guarantees.

Only one refund can be issued.

If your product develops a fault following the date of purchase, you have 12 months to request a refund to your Pix Piggy Bank on the site www.pixmania.com. You can use the refunded amount to purchase another item on our website.

The product must be returned to Pixmania in its full, original packaging (with user guide, cables and CD-ROM, etc.), so technical tests can be carried out within 15 days to identify the cause of the fault. If, after testing, the fault is identified as not being covered by the warranty (because it shows signs of shock, oxidation, wrong use, etc.), no refund will be issued.

An invoice will be issued by the manufacturer; if you refuse the invoice, you will be requested to pay administration fees. If you agree to the invoice, you will need to send the required amount to Pixmania by bank transfer.

In the event where your refund request is accepted by our service, the total amount you paid for your order will be credited to your Pix Piggy Bank within a few days.

The amount credited will be equal to the value of your product excluding shipping fees. You can use the credit to purchase any of the products from Pixmania’s catalogue and may be used on several orders. If the value of the replacement order exceeds the amount credited to your Pix Piggy Bank, you may make up the difference using your preferred payment method.

To return your product or request a refund, you must contact Pixmania’s After-Sales service from Monday to Friday between 9 a.m. and 5 p.m.

- on 016 590 282 (national call rates apply - From Monday to Friday between 9a.m. and 5p.m.)

- or by e-mail through the “contact us” section available on the homepage of www.pixmania.com.

Our customer service team will give you all the information you need to return your product.

3. Up to 25% off on a selection of accessories:

During the 12 months following the date of purchase, you can take advantage of discount prices on essential selected for your product.

Simply go to your Pix&I space in the Zen Engagement section to view and purchase accessories at discount prices. Click on a product covered by the Zen Engagement to see recommended accessories at discount prices.

4. You can trade in your old product:

You may not trade in products in the following ranges: accessories, components, spare parts and consumables.
You may only trade in products with a value of over €200, excluding products that are purchased as part of a promotional pack, bundle or special offer.

If you purchased a product covered by the Zen Engagement, we can take it back and issue a refund in the form of a credit note. You can request for your product to be traded in by using the form available in the Pix&I section.

Once we have received and checked your request, we will send you an e-mail, authorising you to return your product.

You must then send us your product at your own expense, with all its original accessories. Pixmania’s customer services team will carry out a technical inspection to see whether your product is in good condition.

A product that is scratched or shows signs of damage or shock will not be traded in and will be returned by Pixmania to the customer at Pixmania's expense (return costs from the customer to Pixmania remain at the client's expense).

Following technical testing, we will credit your Pix Piggy Bank with the amount you paid for your order less a certain percentage, so you can purchase a new item. This percentage is applied in accordance with the table below depending on the type and length of use of the product.

	CAMERAS	CAMCORDERS	VISION	COMPUTING	SOUND	TELEPHONY	HOME APPLIANCES
Between 0 and 12 months	60 %	60 %	60 %	50%	50%	50%	50%
Between 13 and 24 months	40 %	40 %	40 %	30%	30%	30%	30%
Between 25 and 36 months	20 %	20 %	20 %	10 %	10 %	10 %	10 %
Between 37 and 48 months	15 %	15 %	15 %	0%	0%	0%	0%
Between 49 and 60 months	10 %	10 %	10 %	0%	0%	0%	0%
Over 60 months	0%	0%	0%	0%	0%	0%	0%

5. Do you have a question? We have the answer.

If you require further information, simply go to the Zen Engagement section in your Pix&I space and select a product covered by the Zen Engagement. Fill in the appropriate questionnaire. We will do our best to answer your questions within 48 hours.

6. Price.

The cost of this service is stated during the ordering process, and depends on the type and price of your product.

15. Commentary, criticism, communication

Any opinions left by Pixmania Users are screened and moderated by the marketing team.
If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Pixmania reserves the right to refuse or modify it.

16. Protection of personal data

Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order.
By registering on the Site, you agree to provide us with sincere and true information as it concerns you.

Communicating false information is contrary to the present General Conditions as well as the conditions of use listed on the Site.
In accordance with the "Data processing and Freedoms" law, the processing of your details was the subject of a declaration made before the CNIL (French data protection watchdog).
Pixmania is authorised to extract, handle and use information that concerns you.
This information is the subject of computer processing.

This activity is strictly regulated: The file must be declared to the CNIL under the number 1230294.

You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of January 6th 1978). You can at any time make a request to Pixmania to find out what personal information they contain concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional emails when you registered on the Site, offers including new items, clearance, exclusivities, good deals etc. will be sent to you. You may at any time request not to receive any further emails from us by clicking here or on the link created for this purpose and inserted at the bottom of each page of our or our partners’ emails.
Only Pixmania has information regarding you.

If you accepted during registration on the Site, Pixmania and its contractual partners may send you information in the form of specific and occasional promotional operations. Pixmania’s partners have been specially chosen by Pixmania and are recognised for the quality of their products and services.

Registering your bank details

In order to facilitate future orders, you can save your bank details during the order process. If you do not wish to register your bank details, remember to check the box designed for this purpose at the payment stage (Step 4) of the order process. 

If you decide to save your bank details, your personal information will not be held on our website. Instead, it will be stored securely by our partner Monext, using a PCI-DSS certified Payline information system.

You may add, delete or update your bank details at any time in your Pix & Me account.

17. Intellectual ownership

All the content on the Pixmania site (illustrations, texts, names, brand names, images and videos) is the property of Pixmania, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Pixmania.
All information, content, files and software offered by our services is protected by French and International law concerning intellectual ownership and copyright.
Pixmania cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Pixmania will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

18. Extended warranties

Extended warranties available for products can be easily identified on the site www.pixmania.com.

Pixmania offers two different extended warranties:

• 3-year commercial extended warranties prolong the validity period of the manufacturer’s warranty by one or two years, meaning your product is under warranty for 3 years as opposed to 1 or 2 years as with the manufacturer’s warranty.

• 5-year extended warranties prolong the validity period of the manufacturer’s warranty by 2, 3 or 4 years, meaning your product is under warranty for 5 years as opposed to 1, 2 or 3 years as with the manufacturer’s warranty.

The price of extended warranties depends on the type of product and its value.

If your product develops a fault, extended warranties will cover the costs of labour, parts and shipping fees incurred for repair. In cases where the product cannot be repaired, Pixmania will offer an exchange with an equivalent product or refund the amount you paid to your Pix Piggy Bank. The validity of extended warranty ends as soon as a refund is issued.

The following cases are not covered by extended warranties:

- deterioration resulting from modification or adjustments (other than those required for the product to operate) made to the product without the written authorisation of the manufacturer;

- fees related to periodical maintenance, repair and replacement of parts following ordinary wear and tear;

- broken and damaged accessories;

- deterioration resulting from incorrect use, including:

a) inappropriate use of the product or non respect of the manufacturer’s instructions on how to use and maintain the product;

b) improper or wrong installation of software.

- damages originating from repairs carried out by non certified technicians or by users themselves;

- damages caused by accidents, lightning, floods, insufficient air flow or any other reason for which the manufacturer is not responsible;

- damages resulting from faults in the system where the product has been incorporated.

Extended warranties are not valid if the model or the serial number of the product has been modified.