GENERAL CONDITIONS OF PURCHASE
1. PARTIES
One: PKLN FRANCE SAS (hereinafter “Pikolinos”), a French company registered with the R.C.S. CRÉTEIL under number 917742447 (registration date 22/07/2022), holder of VAT number FR14917742447 and domiciled at 1 bis Rue Véron, 94140 Alfortville (France), whose email address is info@pikolinos.com, and online customer service telephone number [0 800 919 352]; and
Two: the Customer or user (“you”, “your” or “Customer”), understood as any user in accordance with the provisions of the General Conditions of Use and the Specific Registration Conditions, of legal age, who accesses www.pikolinos.com (hereinafter the “Website”) and completes the procedure set out therein, including acceptance of these General Conditions, in order to acquire one or more products (hereinafter the “Products” or individually the “Product”) from the catalog.
2. PURPOSE
The purpose of these General Conditions is to govern your purchase of any of the Products supplied by Pikolinos on the Website, in exchange for the appropriate monetary consideration, in accordance with the provisions of Stipulation 5 below.
3. THE PRODUCTS
Products sold on the Website are accompanied by a description of their essential characteristics, which you are invited to review before placing an order. It is specified that the visual representation of the Products has no contractual value. However, Pikolinos strives to ensure that the visual representations of the Products are as accurate as possible.
4. THE PURCHASING PROCESS
4.1. How to place an order
The purchasing process is simple and can be carried out on the Website itself. The user may make the purchase by accessing a previously registered account or as a guest, without the need to create a user account. In either case, the user must provide the information necessary for the proper management, processing and shipment of the order, and must expressly accept these General Conditions of Purchase. To make a purchase on the Website, simply browse the Product catalog and add the Products you are interested in to your cart, specifying the quantity and sizes desired. If there are no size options, please select the only size available.
Once you have selected the Products you wish to purchase:
• Click on the cart and select “Buy”. You may modify your order at this stage simply by adding Products to the cart or removing them.
• You will be asked to check the information displayed on screen, add any missing information, and select the payment method. You may choose from the following payment methods:
1. Discover, Diners, American Express, Mastercard and Visa credit and debit cards. In this case, you will need to provide us with information about your card solely for the purpose of processing payment.
2. PayPal: for more information, visit https://www.paypal.com
3. Klarna: we offer you the option, via Klarna, of paying in three interest-free installments. For more information, visit www.klarna.com
• After checking the Products in your cart to avoid errors, you confirm your order.
· Any order placed on the Website constitutes your acceptance of the prices and description of the Products covered by that order and available for sale. Pikolinos undertakes to fulfil orders within the limits of available stock.
· If one or more of the Products ordered are unavailable, Pikolinos undertakes to inform you as soon as possible. Your order will automatically be cancelled with respect to the unavailable Products, and the corresponding amount will be refunded to you as soon as possible and no later than 14 days from the date of payment of the amounts corresponding to the price of the unavailable Products.
· Before proceeding to payment, you must read and accept these General Conditions of Purchase by indicating your acceptance, after reviewing them, by ticking the corresponding box.
· You will proceed to payment by the method you have selected in order to finalize the purchase.
· The final confirmation button must clearly display the following text: “Order with payment obligation”.
Customers wishing to place an order are required to create a Customer account in accordance with the Specific Registration Conditions set out in the General Conditions of Use. However, if the Customer already has a Customer account, they can log in to the Website, which will automatically enter their personal information.
• The Customer may choose any Pikolinos store in the same country or region where the purchase was made, enabled to collect orders. At this link, you can find all points of sale enabled with the “Click&Collect” option. In this case, shipping will be carried out at no additional cost, provided the purchase exceeds €50.
The Customer may choose to have the Products covered by the order delivered to their home by providing the necessary information regarding the address to which the Products must be delivered.
• Pikolinos will send a message confirming your order and confirming the associated payment (where applicable). The purchase confirmation email will be accompanied by an electronic receipt containing the transaction details: price of the Products purchased, applicable taxes, and shipping costs (where applicable).
You expressly agree to receive a digital invoice, although you may indicate your wish to receive a printed version at any time by sending an email to: info@pikolinos.com. In that case, we will send you a printed invoice at no additional cost.
• You will receive your purchase within the delivery time indicated on the Website.
• If you choose a Pikolinos store to collect your order and, for reasons not attributable to us, it has not been collected within fifteen (15) days of the date on which it became available for collection, we will assume that you wish to cancel the contract and will consider it terminated. As a result of the termination of the contract, we will refund all payments made — including shipping costs — once the returned Product has been received at our Logistics Center.
4.2. Technical means for correcting errors
If you discover that an error was made in entering your delivery and/or billing address when placing your order, you may modify it in “My Account”, in the “My Orders” section, provided it is still logistically possible to apply the change. This option is available until we begin preparing your order. When we begin depends on the number of orders we have to prepare.
Likewise, users who made the purchase as “guests” may request modification of this data through the customer service channels enabled by Pikolinos, by identifying themselves with the order number and the email address used for the purchase, provided the modification is technically and logistically possible. Modifying your order may affect the delivery date. You can check the updated delivery date after making changes in the “My Orders” section.
This option is not available for orders to be delivered to a Pikolinos store with the “Click&Collect” option; it is available only if you have chosen home delivery. Any change to the delivery address may affect the delivery date.
5. PRICE, SHIPPING AND DELIVERY
Products are supplied at the prices in effect as displayed on the Website at the time your order is registered by Pikolinos. Prices are expressed in Euros, both excluding and including tax (VAT) and any other applicable taxes. Nevertheless, information relating to taxes is subject to change as a result of changes to the taxes themselves.
Pikolinos reserves the right to change prices at any time, except during the period between the moment a Customer accesses the Website and the moment the Customer completes a transaction, provided their session has not expired. Prices do not include processing, shipping, transport and delivery costs, which may be charged in addition, as specified on the Website and detailed below. Transport and delivery of your purchases are free of charge for orders over €50.
The express shipping option always incurs an additional cost, regardless of the total order amount. This cost will be clearly indicated during the purchasing process and must be borne in full by the Customer.
The Website may include promotions, discounts, toll-free numbers, etc. The relevant windows will inform you of these aspects and any conditions that may apply to your use of them.
We will ship your purchases within the delivery time shown on the Website, except in the case of special circumstances arising from the customization of the Product or a case of force majeure (understood as an unforeseeable extraordinary circumstance), and always within thirty (30) days from confirmation of the order, in accordance with Article L216-1 of the French Consumer Code.
6. ACCEPTANCE OF THE GENERAL CONDITIONS OF PURCHASE
When you place an order entirely through www.pikolinos.com, you must read the conditions of purchase and expressly accept them by clicking the checkbox — whose default status is unchecked — at the end of the purchasing process.
7. RIGHT OF CANCELLATION
7.1 Statutory right of withdrawal
As a consumer, and in accordance with Article L221-18 of the French Consumer Code, you have a period of 14 days to exercise your right of withdrawal without having to provide any justification. This withdrawal period expires 14 days after the date on which you, or a third party other than the carrier and designated by you, takes physical possession of the Products.
Where several Products are ordered in a single Order but delivered separately, the withdrawal period expires 14 days after the date on which you, or a third party other than the carrier and designated by you, takes physical possession of the last Product delivered.
To exercise your right of withdrawal, you must notify Pikolinos as follows:
a) Go to any Pikolinos store with the “Click&Collect” option. Find your nearest store here and bring your order number and ID card so they can handle the return process. Please remember that you may only return your order in the same country where you purchased it.
b) By email to info@pikolinos.com or by post to: 1 bis Rue Véron, 94140 Alfortville, (France). Below is the form to send to Pikolinos as indicated above:
| Withdrawl form |
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(This form should only be completed and sent if you wish to exercise your statutory right of withdrawal from the contract). For the attention of: PKLN FRANCE SAS, 1 bis Rue Véron, 94140 Alfortville, (France), with the email address: info@pikolinos.com I hereby give notice that I wish to exercise my statutory right of withdrawal concerning the following Product: [define the Product] |
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Name and surname(s):(s): |
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Address: |
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Date: / / |
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Signature: |
c) Using the pre-established forms on the Website:
You can use your login details to go to your private area and click on “My Orders”. Select the order containing the Product you wish to return, select the item and click RETURN. Pikolinos will send you an email confirming that we have received your intention to return the Products and explaining the remaining steps.
Alternatively, you can locate the order at https://www.pikolinos.com/localizar-pedido using the email address you used when making the purchase and the order number we sent you in the order confirmation email. Click on the relevant item once the order is displayed and select RETURN. Pikolinos will send you an email confirming that we have received your intention to return the products and explaining the remaining steps.
If the user does not have an account on the website, they may manage the return by identifying themselves with the email address used for the purchase and the order number provided in the confirmation email, without the need to create an account to exercise their right of withdrawal or process returns. If you use the forms provided on this Website to request a return, you will receive an email from Pikolinos containing a return tracking code. You must present this alphanumeric code to the post office so they can print the return label registered in their system. You do not need to print out the whole email: showing the complete code at the post office is sufficient.
If you decide to exercise your right of withdrawal, we will refund all amounts paid, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), as soon as possible and in any event within 14 days of the day we were informed of your decision to withdraw.
There is no charge for returns made under the statutory right of withdrawal.
Using one of the above options, you must return the Products in question within fourteen (14) calendar days of the date on which you notified us of your wish to return the item(s).
The refund will be made using the same payment method you used for the original transaction. In all cases, this refund will cost you nothing. Notwithstanding the foregoing, we may withhold the refund until we have received the returned Products or you have provided proof of their return, whichever is the earlier date.
7.2 Contractual right of cancellation
Pikolinos provides for the possibility of cancelling a purchase contract within thirty (30) calendar days of receipt of the order, without having to give a reason, provided the Product has not been used or damaged. Where an order comprises several Products to be delivered separately, the return period will begin on the date of actual receipt of the last Product in the order.
If you wish to exercise your right of cancellation, you must notify us by sending a clear and unambiguous statement to that effect through one of the following channels:
a) Go to any Pikolinos store with the “Click&Collect” option. Find your nearest store here and bring your order number and ID card so they can handle the return process. Please remember that you may only return your order in the same country where you purchased it.
b) By email to info@pikolinos.com or by post to: 1 bis Rue Véron, 94140 Alfortville, (France). Below is the form to send to Pikolinos as indicated above:
| Cancellation form |
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(This form should only be completed and sent if you wish to cancel the contract). For the attention of: PKLN FRANCE SAS, 1 bis Rue Véron, 94140 Alfortville, (France), with the email address: info@pikolinos.com I hereby give notice that I wish to cancel my purchase contract for the following product [define the Product] |
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Name and surname(s):(s): |
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Address: |
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Date: / / |
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Signature: |
c) Using the pre-established forms on the Website:
a. If you are registered on the Website, i.e. you have an account, use your login details to go to your private area and click on “My Orders”. Select the order containing the Product you wish to return, select the item and click RETURN. Pikolinos will send you an email confirming that we have received your intention to return the Products and explaining the remaining steps.
b. Alternatively, you can locate the order at https://www.pikolinos.com/localizar-pedido using the email address you used when making the purchase and the order number we sent you in the order confirmation email. Click on the relevant item once the order is displayed and select RETURN. Pikolinos will send you an email confirming that we have received your intention to return the products and explaining the remaining steps.
If you use the forms provided on this Website to request a return, you will receive an email from Pikolinos containing a return tracking code. You must present this alphanumeric code to the post office so they can print the return label registered in their system. You do not need to print out the whole email: showing the complete code at the post office is sufficient.
There is no charge for returns.
Using one of the above options, you must return the Products in question within fourteen (14) calendar days of the date on which you notified us of your wish to return the Product(s).
- Consequences of cancellation
(i) Exercise of the statutory right of withdrawal
In the event of full cancellation within fourteen (14) calendar days of receipt of the last Product, we will refund all payments received after the purchase, including delivery costs, without undue delay and always within 14 days of the date on which we were informed of your decision to cancel. The only payment we will not refund is any additional cost resulting from your choice of a delivery method other than the least expensive standard delivery method we offer. We may withhold the refund until we have received the goods or until you provide us with proof of return, whichever is the earlier date.
(ii) Partial withdrawal or return after 14 days
Where the Customer chooses to keep part of the Products and consequently exercises their right of withdrawal only partially, or returns them after fourteen (14) days but within the total thirty (30) day period, only the amount corresponding to the returned Products will be refunded. Shipping costs will not be refunded in these cases. Where the statutory right of withdrawal is exercised partially, and delivery costs were not charged as a flat fee, the portion of shipping costs corresponding to the Products subject to withdrawal will be refunded to the Customer.
The Customer will only be liable for any diminished value of the returned Products where they have clearly been handled beyond what would be necessary to unpack them and establish their nature, size, characteristics or function.
Products must be returned in the same condition in which they were delivered, including all their containers and packaging.
All refunded amounts will be paid using the same payment method used to make the purchase.
- Additional information
You are expressly informed that the return period indicated above may be extended to sixty (60) days during sales or special promotions. In such cases, you will be informed on the Website of the exact start and end dates of the extended 60-day return period.
Please note that shipping costs for a return made after fourteen (14) days will not be refunded and are borne by the purchaser.
- Right to cancel orders
In addition to the right of withdrawal, Pikolinos offers Customers the option of cancelling orders provided it is still logistically possible to do so. This option is available until we begin preparing your order. When we begin depends on the number of orders we have to prepare.
When available, you will see the option to cancel your order under “My Account” > “My orders”. Orders must be cancelled in full; it is not possible to cancel only some of the Products in an order. Once cancelled, an order cannot be reactivated. You will need to place a new order through our Website. If you used a promotional code or discount voucher for the cancelled order, it will be lost and cannot be used again to place another order.
Users who made the purchase without registering may also request cancellation of the order through the customer service channels enabled by Pikolinos, providing the order number and associated email address, provided that logistical preparation of the order has not yet begun or cancellation is still possible in accordance with Pikolinos's internal processes.
- Management of orders placed as a guest
Users making purchases through the guest purchase option may manage their orders, including, where applicable, requests for information, tracking, modifications, cancellations, returns and size exchanges, through the alternative identification mechanisms made available by Pikolinos. The lack of a registered user account will not limit the exercise of the rights legally or contractually recognized to the purchaser where they can reasonably prove their status as the order holder by means of the order number, the email address used for the purchase, or any other verification method Pikolinos considers appropriate to ensure the security of the process.
8. Smiling Community membership benefits
The Smiling Community takes effect on the date these terms and conditions are published on the Website and will remain in effect indefinitely. Notwithstanding the foregoing, given that Smiling Community membership benefits are benefits and/or special features voluntarily granted by PIKOLINOS to Club members, Pikolinos reserves the right to modify these terms and conditions at any time. In such a case, Pikolinos will inform Club members in advance through the communication channels provided for this purpose (email, Website, etc.).
The modification or cancellation of any of the Smiling Community's conditions will not give rise to any right to compensation.
Pikolinos reserves the right to verify the identity of any Smiling Community member at any time.
8.1. Club membership
You can become a member of the Smiling Community simply by subscribing to our Newsletter. Thus, all users who subscribe to the Newsletter and complete the required information (marked with an asterisk) will be considered members of the Smiling Community and will enjoy all the associated benefits.
Section 8.2 describes all the benefits and special features associated with Smiling Community membership. For anything not covered by the special features listed in section 8.2, the provisions of the other sections of these general conditions of purchase will apply.
8.2. Smiling Community benefits and special features
8.2.1. Right of withdrawal
Pikolinos offers Smiling Community members the option of withdrawing from their purchase within sixty (60) calendar days of receipt of the order, without needing to provide justification, provided the Product has not been used or damaged.
This benefit applies for as long as the user meets the requirement of belonging to the Smiling Community prior to making the purchase.
8.2.2. Birthday gift
Since you must provide your date of birth to join the Smiling Community, Pikolinos will send you a birthday message to the email address provided by the Smiling Community member, which will include a 15% discount on purchases at PIKOLINOS, valid for 30 days.
For more information on how we process your personal data, please see our Privacy Policy.
8.2.3. Early access to offers and promotions
All Smiling Community members will enjoy early access to all commercial promotions that PIKOLINOS publishes on its Website and communicates privately to Smiling Community members by email.
8.2.4. Welcome discount
Users who join the Smiling Community will receive a “Welcome Discount”. The discount will be valid for their first 10 days as a member. It may only be used once (it is a welcome offer) and may be used together with other discounts and/or promotions but not with other coupons. The discount may be used on orders of €50 or more.
8.2.5. Special sweepstakes
Smiling Community members may take part in specific sweepstakes that will be announced and published on the Website. Simply being a member of the Smiling Community entitles you to take part in such sweepstakes, although the specific terms and conditions and requirements of each sweepstake will apply to your participation in them. Special sweepstakes will be announced and published appropriately on the Website, detailing the specific characteristics of each one.
8.2.6. Free cleaning products
Smiling Community members are entitled to receive Pikolinos cleaning products free of charge, subject to the following:
- For the purposes of this benefit, cleaning products means: cream or cleaning sponge.
- This benefit is linked to purchases of Pikolinos Products and may only be exercised by subscribed Customers who have made purchases in 2025, only upon express request, with a maximum of one cleaning product per Customer per year.
- Valid only for Customers of Pikolinos physical stores and online store.
9. Size exchanges
If you find that the size of the Product purchased does not meet your needs (and without prejudice to your right of withdrawal), you have the option of exchanging the size within thirty (30) calendar days of receipt of your order, without needing to provide justification.
At Pikolinos we only accept size exchanges; if you wish to replace the Product with a different design or color, you must return the Product and place a new order. To exchange a Product purchased on the Pikolinos website, you must log in to your user account and select the Product you wish to exchange. Click here to access “My Account”.
In the “My Orders” section of “My Account”, you can select the Product you wish to exchange by clicking EXCHANGE SIZE. Once you have requested the size exchange, select the new size you need, confirm your shipping details and continue following the instructions to process the size exchange.
Once we have received your returned Product, we will begin the process of shipping the new size.
To exchange a Product, it is important that the returned Product is in the same condition as when you received it. As soon as we receive the package with your Product, we will check its condition and process the size exchange. If the size in question is not available, we will refund the amount of the Product.
If we do not receive the return within a maximum of 30 days of the exchange request, Pikolinos will cancel the stock reservation for the new size and the exchange request will be voided.
In the case of purchases made as a guest, the user may carry out the exchange by identifying themselves with the order number and the email address used for the purchase, through the procedures specifically enabled by Pikolinos for managing orders without registration.
10. Obligations of the parties
10.1. Obligations of Pikolinos
In accordance with these General Conditions, Pikolinos undertakes to:
• Do everything within its power to ensure Customers receive their orders as quickly as possible.
• Provide the Customer with the documentation required to take delivery of the order.
• Comply with all other obligations set out in these General Conditions or in any other applicable conditions.
10.2. Obligations of the Customer
By accepting these General Conditions, the Customer undertakes to:
• Pay the amounts associated with the purchase in a timely manner and in the proper form, including all fees, taxes and other costs specified during the purchasing process. Failure to pay the price of the selected Products at the final step of the purchasing process will release Pikolinos from any obligation to supply and deliver the Products.
• Submit only true and accurate data when asked to provide information during the purchasing process.
• Bear responsibility for failing to meet the requirements specified by Pikolinos for placing orders or for not possessing the documentation required to make online purchases.
• Comply with any other obligation set out in these General Conditions or in other conditions that may be applicable, such as the general conditions of use or the specific registration conditions, and bear any liability arising from failure to do so, holding Pikolinos fully harmless.
11. Legal warranty
You are expressly informed that all Products purchased through this Website are covered by a warranty in accordance with the applicable statutory warranty period, as established by current legislation.
Pikolinos undertakes to deliver the Products covered by orders in accordance with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code, and is liable for any lack of conformity existing at the time of delivery of the Products and appearing within two years of the delivery date. This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code, the limitation period beginning on the day the Customer becomes aware of the lack of conformity.
Any lack of conformity appearing within twenty-four months of delivery of the Products is presumed, unless proven otherwise, to have existed at the time of delivery. In the event of non-conformity, the Customer may require the Products to be brought into conformity either by repair or replacement, or, failing that, by a price reduction or termination of the contract under the statutory conditions.
It is for the Customer to ask Pikolinos to bring the Products into conformity, choosing between repair and replacement. The process of bringing them into conformity must take place within a maximum of thirty days of the Customer's request. Bringing the Products into conformity will be carried out at no cost to the consumer.
The Customer will not be required to pay for normal use made of the replaced goods during the period prior to their replacement.
If the Products are repaired under the statutory warranty of conformity, the Customer benefits from a six-month extension beyond the initial warranty period. If the Customer requests repair of the Product but Pikolinos requires a replacement, the statutory warranty of conformity will be renewed for a period of two years from the date the Product is replaced.
The Customer may obtain a price reduction while keeping the Product, or terminate the contract with a full refund upon return of the Product, if:
1. Pikolinos refuses to repair or replace the Product;
2. Repair or replacement of the Product does not take place within 30 days;
3. Repair or replacement causes major inconvenience to the Customer, particularly where the Customer permanently bears the costs of collecting or removing the non-conforming Product, or bears the costs of installing the repaired or replaced Product;
4. The lack of conformity of the Product persists despite Pikolinos's unsuccessful attempt to bring it into conformity.
The price reduction will be proportional to the difference between the value of the Products as delivered and the value they would have had in the absence of the lack of conformity.
The Customer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In this case, the Customer is not required to first request repair or replacement of the Product. The Customer is not entitled to terminate the contract if the defect in the Product is minor.
The Customer is also entitled to suspend payment of all or part of the price, or withhold the benefit provided for in the contract, until Pikolinos has fulfilled its statutory obligations, in accordance with the conditions set out in Articles 1219 and 1220 of the Civil Code.
The rights mentioned above arise from the application of Articles L217-1 to L217-32 of the French Consumer Code. It is recalled that if Pikolinos acts in bad faith to hinder the implementation of the statutory warranty of conformity, it may be subject to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L241-5 of the Consumer Code).
The Customer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from discovery of the defect.
Should you wish to exercise the statutory warranty of conformity or against hidden defects, you may contact us at info@pikolinos.com; we will then provide you with the procedure to follow.
Reminder of the provisions of the Consumer Code:
Article L217-3 of the Consumer Code:
The seller shall deliver goods that conform to the contract and to the criteria set out in Article L. 217-5. The seller shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, appearing within two years of that delivery. In the case of a sales contract for goods incorporating digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller shall be liable for any lack of conformity of that digital content or digital service appearing within two years of delivery of the goods; 2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service appearing during the period in which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, during the same periods, for any lack of conformity resulting from the packaging, assembly instructions, or installation where this was the seller's responsibility under the contract or was carried out under its responsibility, or where incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
- Article L217-4 of the Consumer Code:
Goods conform to the contract if, in particular, they meet the following criteria, where applicable:
1° They correspond to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are fit for any special purpose sought by the consumer, made known to the seller no later than at the time of conclusion of the contract and which the seller has accepted;
3° They are delivered with all accessories and installation instructions to be supplied under the contract;
4° They are updated in accordance with the contract.
- Article L217-5 of the Consumer Code:
I. In addition to the criteria of conformity with the contract, goods conform if they meet the following criteria:
1° They are fit for the purpose ordinarily expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model prior to conclusion of the contract;
3° Where applicable, any digital elements they contain are supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are delivered with all accessories, including packaging, and the installation instructions the consumer may legitimately expect;
5° Where applicable, they are supplied with the updates the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and to any public statements made by the seller, by any person earlier in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller shall not be bound by any public statements referred to in the preceding paragraph if it demonstrates:
1° That it was not aware of them and could not reasonably have been aware of them;
2° That, at the time of conclusion of the contract, the public statements had been corrected in a manner comparable to the original statements; or
3° That the public statements could not have influenced the purchasing decision.
III. The consumer may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods of which they were specifically informed that they departed from the conformity criteria set out in this article, and to which departure they expressly and separately consented at the time of conclusion of the contract.
Reminder of the provisions of the Civil Code:
- Article 1641 of the Civil Code:
The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.
- Article 1648 of the Civil Code:
An action arising from latent defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of being time-barred, within the year following the date on which the seller may be discharged from apparent defects or lack of conformity.
The Products we sell, particularly those of an artisanal nature, often display characteristics inherent to the natural materials used in their manufacture. These characteristics may result in variations in fiber, texture, knots or color. Such variations will under no circumstances be regarded as defects or damage.
You are expected to be aware of the existence of such variations and to appreciate them as part of the unique nature of the Products. We select only the highest-quality Products, but natural characteristics are intrinsic to our goods and must be accepted as part of their inherent appearance.
Nothing in this clause will affect your statutory rights as a consumer, including your right to withdraw from the contract.
12. Waiver
Pikolinos's liability under these General Conditions of Sale will not be engaged where failure to fulfil its obligations is attributable to the act of a third party, to your fault, or to an event of force majeure as defined by Article 1218 of the French Civil Code and applicable case law. Pikolinos will not be liable for any intangible, indirect or consequential damages that may result from use of the Products sold, except in the event of failure to comply with statutory obligations regarding conformity and the warranty against hidden defects, or in the event of gross negligence or willful misconduct.
The Customer hereby acknowledges that ordered Products are purchased at their own risk. Pikolinos's activity is limited to carrying out the tasks necessary to deliver the Products selected by the Customer. Pikolinos disclaims all liability for the Customer's choice of Products, even where Pikolinos has provided advice in this regard, or for the Customer's lack of diligence in checking the specifications of the Products before ordering them.
In any event, the liability assumed by Pikolinos towards the Customer will never include loss of potential income under any circumstances, and will be limited to the total amount received from the Customer in accordance with the monetary stipulations set out in these General Conditions.
This limitation of liability will not apply in the event of bodily injury caused to the Customer, willful misconduct, gross negligence, or breach of the essential obligations of the contract.
13. Unique identification numbers in the national producer register
In accordance with the provisions of the Environmental Code, Pikolinos has joined several eco-organizations in order to fulfil its obligations and, as such, holds a unique identifier (“UID”) for each sector subject to the extended producer responsibility that concerns it. These UIDs are as follows:
FR261118_11UGTE
14. Amendments
Pikolinos reserves the right to update and/or amend these General Conditions at any time without notice.
These changes will take effect from their date of publication on www.pikolinos.com by any means or in any form.
Amendments to these General Conditions will only affect Customers who accept them after such updates or amendments.
15. General matters
15.1 Protection of personal data
In accordance with Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested is necessary for processing your order and issuing invoices, among other purposes. This data may be communicated to Pikolinos's potential partners responsible for the fulfilment, processing, management and payment of orders.
The processing of data communicated via the Website complies with the statutory requirements on personal data protection, with the information system used ensuring optimal protection of this data.
In accordance with national and European regulations, you have the right of ongoing access to, modification, correction, objection, portability and restriction of processing of your personal data. These rights may be exercised in accordance with the procedures described on our Website.
For more information on personal data, please see https://www.pikolinos.com/privacy.html.
15.2 Intellectual property
The content of the Website is the property of Pikolinos and its partners and is protected by French and international intellectual property laws. Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement.
15.3. Waiver and interpretation of these General Conditions
These General Conditions, the specific conditions agreed at any given time, and any other condition applicable to the Customer constitute the sole agreement between the Customer and Pikolinos.
These General Conditions will prevail over the provisions of any other condition agreed between Pikolinos and the Customer in the event of a contradiction between the provisions of these General Conditions and those of such other conditions, unless the latter expressly provide otherwise.
The fact that either party requests full application of these General Conditions or strict compliance with any of their stipulations because of particular circumstances at any time will not be regarded as a total or partial modification of them, nor as a waiver of strict compliance with all of these General Conditions in the future.
If any clause or part of these General Conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way, and the Parties will negotiate in good faith new wording as similar as possible to the part replaced. The party affected by the replacement may choose to terminate the contract if such replacement is deemed impossible and the stipulation concerned is deemed essential to these General Conditions.
Any reference made in these General Conditions to an article or piece of legislation that is repealed shall be understood as referring to the equivalent provision that replaces it.
15.4. Governing law and language
These General Conditions of Sale and the transactions related to them are governed by French law. They are drawn up in the French language. In the event of translation into one or more languages, only the French text will prevail in the event of a dispute.
16. Discount vouchers: special conditions
PIKOLINOS may offer discount vouchers. Discount vouchers are promotional offers that partially reduce the price of the Product or order. The following will be considered discount vouchers: welcome vouchers, subscription vouchers, birthday vouchers and any other type of promotion involving the use of a discount code, whether for a fixed amount or a percentage discount.
Vouchers apply only to Products, not to shipping costs.
There are different types of vouchers, and the specific conditions of each are explained in commercial communications between the parties (whether by email or on the Website, in a specific section). In such cases, you can check the specific conditions in the text accompanying the voucher.
The conditions of each campaign will be provided together with the discount voucher.
There may be additional limitations or restrictions on the use of discount vouchers (for example, minimum order, specific period, etc.), so we advise Customers to read the specific conditions of each voucher carefully. Use or application of the voucher implies acceptance of the conditions that apply.
The general contractual conditions set out on this Website apply to all discount vouchers, in addition to the specific conditions established for each voucher.
It is very important to check the applicable terms and conditions to see all the details and requirements of the voucher or offer.
Below are the general conditions for discount vouchers, which apply unless the specific conditions of any given campaign state otherwise:
- Customers must be of legal age (18 or over) to use the voucher.
- Discount vouchers are personal and non-transferable.
- As a general rule, discount vouchers may not be used together with other promotions organized by the organizer, unless otherwise stated.
- Only one discount voucher may be used per order and shopping cart.
- Discount vouchers are non-refundable and cannot be exchanged for cash, in whole or in part. Consequently, if one or more of the Products for which the discount voucher was used are returned, PIKOLINOS will only refund the amount actually paid by the Customer, and the voucher may not be reused.
- If the value of the voucher is greater than the total order amount, the difference will not be refunded and cannot be applied to a future order.
- Discount vouchers may only be valid for a specific selection of Products.
- Vouchers are only valid for a set period and will expire if not used within that period.
- Discount vouchers may not be sold, exchanged or acquired.
17. Complaints, claims and amicable dispute resolution
You can contact us through the contact forms under the Customer Service tab, or by calling our telephone numbers, writing an email, or sending a letter by post to the address given in the first paragraph of these General Conditions, in order to make a complaint or file a claim.
We have official complaint forms available for consumers and users (Customers). Any complaint or claim filed with our customer service department will be handled as quickly as possible and always within the legally established period. It will also be recorded with an identification and tracking code, which you will be informed of. If you consider that your rights as a consumer have been infringed, you may send your complaints by email to: info@pikolinos.com to request an amicable settlement of the dispute.
If you have not obtained satisfaction from Pikolinos's Customer Service, and before bringing any legal action, in accordance with the provisions of the Consumer Code on amicable dispute resolution, you have the option of submitting the matter to a Mediation and Arbitration Center.
Whatever means you use to contact the CMAP, your request must include the following information to be processed quickly: postal address, email and telephone number, as well as your full name and Pikolinos's address, a brief description of the facts, and evidence of prior steps taken with Pikolinos. The solution proposed by the Mediator is not binding on the parties, who remain free to withdraw from the Mediation process at any time.
In accordance with Regulation (EU) 524/2013, you are informed that if you purchased a Product from us through our Website, you have the right to request online resolution of consumer disputes on the official European Union website: http://ec.europa.eu/consumers/odr/
18. Jurisdiction
In the event of a dispute, Pikolinos and the Customer will endeavor to resolve it amicably as indicated above.
Where it proves impossible to reach an amicable agreement, any dispute that may arise relating to use of the Website or to the interpretation or performance of the contract governed by these General Conditions will be submitted to the competent courts.
Nothing set out in this clause will affect consumer rights under legislation currently in force where the contract is entered into by a natural person.