GENERAL TERMS AND CONDITIONS OF USE

1. Scope of application
2. Use of services
3. How to place an order
4. Data confidentiality
5. Intellectual property
6. Responsibilities
7. Prices
8. Delivery
9. Guarantees
10. Availability
11. Payment
12. Product information
13. Discount codes
14. Right of retraction – Money-back guarantee
14.1 Right of retraction for products that have not been customised
14.2 Right of retraction for products that have been customised
15. Exclusion and disconnection/interruption of access to the site
16. Complaints and cancellations
17. Applicable law – Competent authorities

1. Scope of application
The general terms and conditions outlined below govern the contractual relationships between all users of the site (hereafter referred to as “users”) and the commercial brand “myPIX.com” belonging to Pixmania, a joint-stock company with a capital of 19,033,875 euros, with headquarters at 183 rue du Chevaleret, 75013 Paris, France, listed on the register of companies and commerce in Paris under the number B 352 236 244 (hereafter referred to as “myPIX.com”).
Before being able to use the site, users must confirm that they have read these terms and conditions. These terms and conditions may be modified at any time; the most recent version will always be accessible here.
Acceptance of these general terms and conditions by a user constitutes a legal agreement between them and myPIX.com, where users commit to using the site in accordance with the clauses of these terms and conditions. A user’s understanding of these terms and conditions determines whether or not they can use the site.

2. Use of services
Create an account to join myPIX.com. Members enjoy quick and easy access to all our services.
To set up an account, you'll need to enter your name and e-mail address. Please be sure to use information that is accurate and genuine.
All of the services offered by myPix.com are for personal use only.
Importing and hosting photos
Adding and uploading photos to accounts is easy; users simply log in to their space using the e-mail address and password they give at the time of registration. Several import modes are available to help users upload photos to their online albums.
Users must ensure that the photos they upload respect the laws in force, notably those regarding pornography, violence, paedophilia and intellectual property. myPIX.com has the right to report any violation of these laws.
myPIX.com reserves the right not to publish photos that are of a violent, racist, pornographic or paedophilic nature, even in cases where the scenes portrayed do not infringe any laws. myPIX.com may also refuse to develop photos that fall into this category.
Users accept to provide myPIX.com with compensation for all damages that it may incur following the publishing on the site of photos submitted to it by them, for any violation of these general terms and conditions, and for any illegal activity conducted from their account for which they are responsible. This includes indemnities for all fees paid to third parties and other costs that it may have had to bear for its defence.
Photo storage
Active members of myPIX.com can use our free and unlimited photo storage facility.
To be an active member of myPIX.com, you must place at least one order per year.
If, after one year, your myPIX.com account becomes inactive, myPIX.com reserves the right to delete all or part of your account fifteen days after sending you e-mail notification. Deleted items can include your online photo albums, your custom creations or any other information in, or associated with, your account.

3. How to place an order
There are two different ways of placing an order:
-Via an account on myPIX.com:
Registration on myPIX.com is free.
Users upload photos to their account using one of the two methods available and order selected photos.
-Using an invitation sent by a friend:
Users may share their photo albums with others so that they can order photos from them as well.
To order photos from a shared album, simply select and add them to the basket.
Ordering customised gifts
To order customised gifts, simply select them and follow the instructions.

4. Data confidentiality

Personal details provided by users will be used to send them their products, to contact them in the event of a problem with their order, and to keep them informed of the offers and services provided by myPIX.com.
Because the details users provide are essential to process and deliver orders and generate invoices, myPIX.com reserves the right to extract, process and use personal information. In the event of any missing information, the user’s order will be cancelled. By registering on myPIX.com, users commit to providing reliable and accurate information. Providing false information is contrary to these terms and conditions.
In application of the law concerning information technology, files and civil liberties, the processing of users’ personal information has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés) under the number 722349.
In accordance with European texts and national laws in force (e.g. article 34 of the French law dated 6 January 1978), users have the right to access and modify information concerning them. Users may at any time request to see the information myPIX.com holds on them. They may, of course, modify this information at any time.
myPIX.com is the only party that holds information concerning users. Only myPIX.com and its contractual partners may send users information as part of specific marketing campaigns. These partners have been specifically chosen by myPIX.com for the quality of their products and services.
You may unsubscribe from mypix.com’s newsletters by clicking on any of the unsubscription links in the e-mails you receive, or by sending an e-mail to desinscription_pub@pixmania.com

5. Intellectual property
All content used for the website myPIX.com and for the myPIX Photo Service (text, images, computing codes, etc.) is the property of myPIX.com, its co-contractors or partners, or other users of the site. The partial of full reproduction of this content in any way and on any support is prohibited without prior written authorisation from myPIX.com.
Photos submitted to myPIX.com as part of an order remain the property of the user.
In application of the legal provisions in force, users must declare that they have all the intellectual property rights required to submit the photos of their choice to myPIX.com using the methods outlined in these terms and conditions.
All information, content, files, software and material made available by our services is protected under French and international laws concerning intellectual property and copyright.

6. Responsibilities
Users of the site acknowledge that they connect to the site and use the services provided at their own risk. myPIX.com cannot be held responsible for damages encountered by users or third parties (financial losses, benefits, losses on currency exchanges, etc.) resulting directly or indirectly from the user’s connection to the site, from the user’s inability to access or connect to the site, or from the interrupted operation of the site.
More specifically, myPIX.com refuses responsibility for damages incurred as a consequence of inaccurate content, errors, lags, or interruptions in transmission of data to the site; the loss, disappearance or alteration of data; viruses regardless of their origin, intrusions by unauthorised third parties, and the inability to use the site in general.
myPIX.com commits to do everything in its power to ensure its services are always available. However, services may be temporarily interrupted for technical reasons.
myPIX.com does its best to keep its customers informed of the nature and duration of possible interruptions. It will not be held responsible for the unavailability of its services. Likewise, myPIX.com cannot guarantee the reliability or quality of internet networks outside its premises.
myPIX.com uses a modern, technologically advanced database to store information such as contact details, photos, etc. This system recovers all received data, even in the event of serious technical problems. Nevertheless, myPIX.com takes no responsibility for any loss of data. Users must, therefore, always save a copy of the files they submit on their computer. Processed photos are deleted from myPIX.com’s storage server within 5 days following the order date.
If a disc containing data is lost or damaged, myPIX.com agrees to replace it with a new, blank product of an equivalent value. Users alone are responsible for the correct transfer of information and for the content of files uploaded by them.
The mention of links to other sites is designed for users’ convenience. myPIX.com cannot be held accountable for the content of these sites and refuses responsibility in the event where users may have complaints to make with regard to them.

7. Prices
7.1: Registration and photo storage on myPIX.com is free.
7.2: Services
Sale prices are given on the site in pounds sterling, and include all taxes. Postage and packaging fees are not included. Postage and packaging fees vary depending on the type of product the user orders and are added to the price of selected products at the checkout.
myPIX.com reserves the right to modify prices at any time, but agrees to charge the user the prices shown on the site on the date the order was placed.
Prepaid photo packs:
A variety of prepaid photo packs is available for purchase on myPIX.com. Photo packs include a fixed number of photo prints.
Prepaid photo packs may be used at any time and are valid for one year following the date of purchase.
Prepaid photo packs will not be refunded.
Prepaid photo packs are intended to be used by the buyer only. They may not be used by anyone other than the buyer.

8. Delivery
Products will be delivered to the address provided by the user during the ordering process. Delivery times can be estimated by adding the time required for processing* to the time required for delivery.
Order delivery times can found in the user’s basket.
See delivery times
*processing times may be longer if a product is out of stock
If an order is delivered more than 7 days after the given estimated date as a consequence of force majeure circumstances, users may cancel their order by sending myPIX.com a registered letter with acknowledgement of receipt. In this respect, myPIX.com agrees to issue a refund for the amount paid within 30 days. An enquiry will be opened with the transporter.
Once the user has received their parcel, they must check the products and give details of any anomalies on the delivery coupon, ensuring that the declaration is signed and dated.
If a user wishes to return a product, they must do so within 2 working days following the delivery date.
Products should be returned to the following address: myPIX.com Customer Services, ZA des Clotais - Rue des Clotais, 91160 CHAMPLAN, FRANCE. Return postage fees will not be refunded.

9. Guarantees
All watches are manufactured in myPIX.com’s workshops and are guaranteed against manufacturing defects for one year.
Guarantees do not cover repairs to damages brought about by external causes (e.g. falls, bumps, splashes, etc.).

10. Availability
myPIX.com will meet all orders provided it holds sufficient stock.
If a product is unavailable, myPIX.com agrees to contact the user by e-mail or by telephone within 5 days following the date of order to inform them when the product will be delivered, if the product is in stock.

11. Payment
Orders can only be paid for by credit card (debit card, Visa, Mastercard or American express).
Credit cards can only be used to pay for orders over £1 Payments will be debited within 4 days following the date of order, provided that prior authorisation to withdraw money from the user’s account has been received from competent payment centres. myPIX.com will be unable to take the user’s order into consideration if no authorisation is received.
Payments by credit card take place on the “Secure Socket Layer” security system, which encrypts the user’s bank details during transmission to the server.
Refunds will be credited back to the original credit card used for payment.

12. Product information
Photos illustrating products are non contractual and do not engage myPIX.com’s responsibility in any way. myPIX.com refuses responsibility for the validity of product descriptions and specifications provided by its partners or suppliers.

13. Discount codes
Discount codes are only valid on specific products on the site. Only one discount code may be used per order, except when stated otherwise in the description of the offer.
In order to take advantage of discounts, users must enter the correct code in the space reserved for this purpose when they place their order on the site. If they fail to do so, myPIX.com will not cancel the order or take into account the promotion once the order has been processed.

14. Right of retraction – Money-back guarantee
14.1 Right of retraction for products that have not been customised
In application of article L 121-20 of the French Consumer Code, myPIX.com allows users 7 working days to return a product that they are not satisfied with. Users may return their product within this time period, at their own expense, accompanied by their invoice. Only products that are in their original, new condition (with all accessories, packaging, user guide, etc) will be refunded. Users must return their products to:
myPIX.com Customer Services
ZA des clotais - Rue des clotais
91160 CHAMPLAN FRANCE

Products that have been damaged will not be refunded or exchanged.
Software will not be refunded if the packaging seal has been broken..
The deadlines mentioned above are effective as of the date of reception of the order.
This right of retraction can be exercised without the user incurring any additional costs, except for return postage fees. If a user chooses to exercise this right, they may request a refund for the amount they paid, or ask for the product to be exchanged. In the event of an exchange, replacement products will be shipped at the user’s expense.
Refunds will be credited back to the original credit card used for payment.

14.2 Right of retraction for products that have been customised
In application of article L 121-20-2 3° of the French Consumer Code, users do not have the right to retraction if a product ordered from myPIX.com has been made or modified according to their specification or customised.
Consequently, without prejudice to the application of the article concerning guarantees of these terms and conditions, users may not request a refund for orders of photo prints or personalised products such as photo albums, photo gifts, etc.

15. Exclusion and disconnection/interruption of access to the site
myPIX.com reserves the right to exclude any user who violates these terms and conditions or does not respect any of the clauses they agreed. In such cases, users will be immediately disconnected and their account closed.
Furthermore, access codes given to the user as part of the registration process may be disabled if myPIX.com deems the user has provided information, details or documents that are inexact, or more specifically, if these documents and information have detrimental consequences for myPIX.com or any other user of the website.
myPIX.com may disconnect a user and/or refuse access if it deems that by connecting to the site, they may disrupt its smooth operation, create difficulties for other users, cause the system to break down, or bring about a loss of data. myPIX.com reserves the right – if useful or necessary – to suspend access to the site, without prejudice to its right to claim compensation for damages.
myPIX.com will not be held responsible in any of the cases described above.

16. Complaints and cancellations
If you are aware of any violations of myPIX.com’s terms and conditions by any of our members, or would like to report abuse or complain about the services we provide, please write to use.
If you would like to close your account on myPIX.com, please send your request to the following address:
myPIX.com Cancellation Service, ZA des Clotais, Rue des Clotais, 91160 CHAMPLAN, France. (Please remember to include your username and to sign the letter.)

17. Applicable law – Competent authorities
The site has been developed in accordance with current French laws.
All disputes that may arise between myPIX.com and users will be dealt with by competent authorities at the Court of Appeal in Paris.