These general terms and conditions of sale (hereinafter referred to as the "GTC") govern the sale of online files (hereinafter referred to as the "Files") by Digitivup (hereinafter referred to as the "Seller"), which operates the brand and website
pixampr.comto the end user (hereinafter referred to as the "Customer").
Article 1 Acceptance of the GCS
By accessing the website
pixampr.comoperated by Digitivup, and by placing an online file order, the Customer acknowledges having read, understood and accepted without reservation the entirety of these General Terms and Conditions of Sale (hereinafter referred to as the "GTCS"). These GCS apply to all online file sales made via the Digitivup website.
pixampr.comto the exclusion of all other conditions, unless otherwise specifically agreed in writing by Digitivup.
Acceptance of these terms and conditions is a condition sine qua non for any purchase from Digitivup.
pixampr.com. By validating his/her order, the Customer confirms his/her full acceptance of the General Terms and Conditions in force at the time of the transaction. These general terms and conditions of sale prevail over any other document of the Customer, including any general terms and conditions of purchase, unless formally waived in writing by us.
1.1 Modification of the General Terms and Conditions
Digitivup reserves the right to modify these GTC at any time. The modifications will come into effect immediately for purchases made after their publication on the site. The Customer is therefore invited to consult the GTC regularly to keep abreast of any changes. The version of the GCS applicable to the Customer's purchase is that in force on the site at the time of the order.
Article 2 Description of the Files
Files offered for sale on the website
Pixampr.com are downloadable digital contents specifically designed for the creation of electrical panel diagrams. These files include, but are not limited to, images, pictograms and instructions designed to help the customer design and implement electrical projects.
The descriptions provided on the site for each file pack are carefully compiled to provide as accurate an overview as possible of the content and potential use of the files. However, Customers should note that these descriptions are given for guidance only and may be subject to change at any time without notice, in order to improve quality or update the content of the packs.
Files sold are the original creation of the Vendor, or are marketed under licenses explicitly authorizing their resale or distribution. The Seller guarantees that the files do not infringe any intellectual property rights and comply with current legislation.
The purchase of these files entitles the Customer to a license of use in accordance with the terms defined in Article 6 of these GTS, without transferring any intellectual property rights attached to the files. The Customer is encouraged to read the terms and conditions of this license carefully before any purchase.
The Vendor undertakes to supply quality files that are up to date at the time they are made available on the site. However, it is the Customer's responsibility to ensure that the files are compatible with the Customer's specific needs, and that the Customer has the necessary equipment for optimal use of the files.
Article 3 Orders
3.1 Ordering procedure
To make a purchase on the website
pixampr.com, the Customer must follow the order process established by Digitivup. This process includes selecting files, adding products to the basket, entering delivery and payment information, and validating the order after reviewing and accepting these GTC. Confirmation of the order, which validates the sale, is sent to the Customer by email.
3.2 Accuracy of information
The Customer agrees to provide accurate and complete information at the time of ordering. This includes, without limitation, its full name, email address, payment details, and any other information necessary for the proper execution of the order by Digitivup. The Customer assumes full responsibility for the consequences of providing incorrect or incomplete information.
3.3 Order Confirmation and Cancellation
Once the order has been placed and payment validated, the Customer will receive an order confirmation by email. Digitivup reserves the right to refuse or cancel any order for legitimate reasons, such as an obvious error in the prices displayed, a suspicion of fraud, or the unavailability of the files ordered. In the event of cancellation of an order by Digitivup after payment has been made, the Customer will receive a full refund.
3.4 Post-download cancellation
In accordance with the legal provisions in force relating to the supply of digital content not provided on a material support, the Customer may no longer exercise his right of cancellation once the downloading of files has begun, with his express prior agreement and acknowledgement that he thereby waives his right of withdrawal. This rule is established in accordance with article L221-28 of the French Consumer Code, which stipulates that the right of withdrawal may not be exercised for contracts for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
By validating the order and initiating the download process, the Customer acknowledges that he/she has given his/her express prior consent for the immediate start of the download and confirms his/her understanding of the waiver of his/her right of withdrawal. Consequently, all orders for digital files by download are considered firm and definitive from the moment the download begins, excluding the possibility of cancellation or reimbursement for these products.
3.5 Order modification
After confirmation of the order, any modification requested by the Customer is subject to acceptance by Digitivup. Digitivup will endeavour to accommodate requests for modifications as far as possible, but cannot guarantee that they will be taken into account, particularly if the order has already been processed or if the modification affects the nature or availability of the files ordered.
3.6 File availability
Orders are subject to file availability. In the event of temporary or permanent unavailability of a file after the order has been placed, Digitivup will inform the Customer as soon as possible. The Customer will then have the choice of modifying the order or cancelling it, with a full refund of the sums paid.
Article 4 Prices and payment
4.1 Price display
The prices of the files available on Pixampr.com are indicated in euros (€) and presented exclusive of tax (HT). In accordance with Digitivup's status as a micro-enterprise, which is exempt from VAT under article 293B of the French General Tax Code, VAT is not applicable and will therefore not be added to the final price.
4.2 Terms of payment
Full payment is required at the time of ordering. Payments can be made by credit card via Stripe or via PayPal. Payment information is secured and encrypted by the payment providers, without Digitivup having access to the full details of the payment method.
4.3 Additional costs
The Customer is responsible for any bank or transaction fees associated with the order, including currency conversion fees for customers outside the Euro zone. Digitivup accepts no responsibility for these additional charges, which are the responsibility of the bank or payment service chosen by the Customer.
4.4 Order Confirmation
A confirmation of order and payment will be sent by e-mail to the Customer, including a summary of the order and instructions for downloading the files. It is essential that the Customer verifies the accuracy of the information provided at the time of ordering to ensure that this confirmation is received.
4.5 Customer responsibility
The Customer must ensure that the information provided at the time of ordering is complete and accurate. In the event of errors preventing electronic delivery of the files, such as errors in the e-mail address, Digitivup cannot be held responsible for the consequences of such errors.
Article 5 File delivery
5.1 Download availability
Following confirmation of the order and payment, the purchased files are available for immediate download by the Customer. A download link will be provided either directly on the order confirmation page, or sent to the Customer by e-mail, with instructions on how to access and download the files.
5.2 Customer responsibility
It is the Customer's responsibility to ensure that his/her computer system is capable of downloading and opening the files sold on the pixampr.com website. The Seller recommends that the Customer check the specifications of the files and employ adequate security measures (such as the use of anti-virus software) when downloading files to prevent any risk of damage to their computer system or loss of data.
5.3 Access period
The files will be available for download by the Customer for a period of 30 days following purchase. After this period, the download link may no longer be active. The Customer is encouraged to download and save the files within this period.
5.4 Technical support
In the event of any technical difficulty preventing downloading or access to the files, the Customer should contact Digitivup's customer service as soon as possible for assistance. The Vendor undertakes to provide reasonable support to resolve any problems related to downloading files.
5.5 Absence of Material Delivery
As the files offered by Digitivup are exclusively digital, no physical delivery (by post or otherwise) is planned or necessary. The Customer acknowledges and accepts that the files will be delivered in a dematerialized form via download.
Article 6 Intellectual property rights
6.1 Ownership of Rights
The digital files offered for sale on the pixampr.com website, as well as all related intellectual property rights, remain the exclusive property of Digitivup or its licensed partners. These rights include, without limitation, copyright, trademarks, patents and all other intellectual or industrial property rights. The purchase of files confers on the Customer a limited, non-exclusive and non-transferable license of use, in accordance with the terms defined below.
6.2 License of Use
By purchasing files from pixampr.com, the Customer is granted a licence to use the files for personal or business purposes, subject to the following conditions:
- The Customer is authorized to download, store, display on his device, and use the files for the creation of electrical panel diagrams or for any other use specified on the site at the time of purchase.
- This license does not include the right to modify, distribute, sell, transmit, license, or create derivative works from the original files, except with the express written permission of Digitivup.
- The Customer undertakes not to use the files in any way that would infringe the intellectual property rights of Digitivup or third parties.
6.3 Prohibition of rebroadcasting
The resale, rental, transfer to third parties, or making available of downloaded files for commercial purposes or in violation of the terms of the license granted is strictly prohibited and may result in legal action.
6.4 Protection of works
Digitivup is committed to respecting and enforcing intellectual property rights and ensures that all files sold on the site comply with copyright and intellectual property laws. In the event of a claim of infringement of intellectual property rights, the Customer is invited to contact Digitivup immediately to enable a rapid resolution of the problem.
Article 7 Right of withdrawal
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a physical medium if performance has begun with the consumer's express prior agreement and express waiver of his right of withdrawal. Consequently, as soon as the Customer downloads the files, he waives his right of withdrawal.
Article 8 Repayment terms and deadlines
The Seller offers a refund only in the case of duplicate purchases reported within 14 days of purchase, provided that the file has not been downloaded. No refund will be granted once the file has been downloaded, in accordance with article 7 on the right of withdrawal.
Article 9 Liability
9.1 File quality
Digitivup undertakes to supply quality digital files that comply with the description provided on the pixampr.com website at the time they are offered for sale. The Seller warrants that the files are free from design defects that may prevent their use in accordance with their intended purpose.
9.2 Limitation of liability
Digitivup's liability in respect of the Customer's use of the files is limited to the amount of the purchase price paid by the Customer for the files concerned. In no event shall Digitivup be liable for any consequential damages, such as, but not limited to, loss of profits, loss of data or any other intangible loss resulting from the use or inability to use the files.
9.3 File usage
The Customer acknowledges that use of the files is at the Customer's own risk. The Vendor does not guarantee that the files will perfectly meet the Customer's specific expectations, nor that the results obtained from their use will be accurate and reliable. The Customer is solely responsible for the suitability of the files for his/her needs and for the use he/she makes of them.
9.4 Technical support
Digitivup undertakes to provide basic technical assistance concerning the downloading and use of the files. This assistance does not cover specific problems related to the Customer's computer environment or the use of files in conditions not recommended by the Vendor.
9.5 Complaints
Any claim regarding purchased files must be made to Digitivup within a reasonable time after discovery of the problem, and in any event within 30 days of purchase. Digitivup will investigate the complaint and may, at its discretion, replace the defective file, provide a replacement file of equivalent value, or refund the purchase price.
Article 10 Confidentiality and Protection of Personal Data
10.1 Seller's commitment
Digitivup undertakes to respect the confidentiality of personal data communicated by Customers on the pixampr.com website and to process them in compliance with the provisions of the General Data Protection Regulation (RGPD) and French legislation.
10.2 Purpose of the Collection
Personal data collected from customers is used to manage orders, deliver digital files, communicate with customers about their orders, offer personalized and enhanced services, and send commercial information, subject to the customer's prior consent.
10.3 Customer rights
In accordance with the RGPD, each Client has a right of access, rectification, erasure ("right to be forgotten"), limitation of processing, portability of personal data concerning them, as well as the right to object to the processing of their data for legitimate reasons and to withdraw their consent at any time. To exercise these rights, the Customer may contact Digitivup at the address specified in the site's legal notice.
10.4 Security and confidentiality
Digitivup implements all appropriate technical and organizational measures to protect personal data against alteration, accidental or unlawful destruction, loss, use, disclosure or unauthorized access. This includes, where necessary, measures to encrypt and secure financial transactions.
10.5 Data retention
Personal data is kept for no longer than is necessary for the purposes for which it was collected and processed, in accordance with current laws and regulations.
10.6 Sharing with third parties
Personal data collected by Digitivup may be shared with third parties solely for the purpose of performing the services offered on the site (e.g. payment providers, digital delivery services), and always in compliance with the stated purposes. Digitivup ensures that its partners respect equivalent guarantees of confidentiality and security.
10.7 Privacy Policy
For more information on the privacy policy and protection of personal data, Customers are invited to consult the dedicated section on the pixampr.com website.
Article 11 Applicable law and settlement of disputes
11.1 Applicable law
These General Terms and Conditions of Sale and all transactions carried out via the pixampr.com website are governed and interpreted in accordance with French law, without giving effect to any principle of conflict of laws. This ensures uniformity of interpretation and guarantees that the Customer and the Seller benefit from legal predictability in their commercial relations.
11.2 Amicable settlement of disputes
In the event of any dispute relating to the interpretation, performance or validity of these GTS, the Vendor and the Customer undertake to seek an amicable solution as a matter of priority. This may include mediation or any other form of alternative dispute resolution. The parties agree to communicate openly and in good faith to resolve any disagreement or dispute that may arise from their contractual relationship.
11.3 Referral to the courts
Failing amicable resolution of a dispute within a reasonable period of time, and notwithstanding any clause to the contrary, all disputes to which these GCS may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, shall be submitted to the competent courts under the jurisdiction of Digitivup's registered office. The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, in accordance with the provisions of the French Consumer Code.
11.4 Consumer protection
The provisions of this article shall not have the effect of depriving the Consumer Customer of the protection afforded by the mandatory provisions of the law of the country in which he is ordinarily resident, if such law offers a higher level of protection.
Date of last modification : 01/01/2024
