General Condition of Sale
ARTICLE 1 – AIM
These General Conditions of Sale (“GCS”) apply to all transactions – purchase of action cams, leasure drones, robots and « high tech » accessories – realized by a person (« Customer ») on the website PNJ.fr (« Website ») ruled by PNJ S.A.S (« PNJ ») – company with capital of 8085€, with headquarters at 18, Allée du Grand Totem 38070 SAINT-QUENTIN FALLAVIER (France) and registered with Nanterre’s Registre de Commerce et des Sociétés under the number B490153277 – owner of the brand « PNJ ».
By placing an order on the Website, the customer recognizes to have acquainted with the GCS and declare to accept them without any reserve.
PNJ recommands that the Customer save or print those GCS on a durable medium.
The applicable GCS are those in force on the Website on the date when the item is purchased. PNJ reserves the right to adapt or modify these GCS at any time, to the full extent permitted by law.
ARTICLE 2 – PRODUCTS
The products offered for sale and their respective prices are those mentioned on the website at the date at which you consult such website, within the limits of the available stock.
Every piece of information regarding the products including, pictures, features, and descriptions, have been submitted to PNJ by the respective manufacturers of said products. Therefore, photographs and texts illustrating the products on offer are not to be considered as contractually binding.
PNJ displays the colors of the products on the Website with as much fidelity as possible. However, PNJ cannot guarantee that the Customer’s computer screen will reproduce the exact colors of the products offered on the Website. Any error in the visual representation of the colors of the products can not engage the responsibility of PNJ, neither can it call into question the validity of the order.
The Customer is invited to consult the product description in order to get the most precise information about the product.
ARTICLE 3 – PRICING
The prices of our products are given in Euros, VAT included. The applicable rate of VAT is the one in force in France on the day the order is placed. Prices do not include participation in the shipping fees.
Shipping fees will be added to the order according to the ammount
Shipping fees are added to the price of the products purchased according to the total of the order. They are indicated before the definitive validation of the order, except if the order is eligible for free shipping offer which would be expressively stated in the order.
All orders are to be paid in Euros, whatever the origin thereof. For deliveries outside the European Union, import and customs duties shall be borne by the ordering party, the Customer, and paid upon arrival of the order.
Product prices may be modified by PNJ at any time and without previous advice. The applicable prices are the one displayed on the Website at the time the order is placed on the Website and subject to the availability of the Products at that date. Such modifications shall be notified to the customer prior to any order.
ARTICLE 4 – ORDERING
Orders shall be placed exclusively on the Website, www.PNJ.fr.
When placing an order for the first time, the Customer must create an account. In order to create this Customer account, by submitting the required personal information into the registration form. The Customer is responsible for making sure the submitted data are correct and accurate. Any error shall be corrected before validating the order. PNJ cannot be held responsible for any delivery failure due to erroneous information such as an incorrect or incomplete shipping address.
The Customer is also responsible for checking the accuracy of his order : items, number, color, size and price of the products that constitute his order.
Orders placed on the site www.PNJ.fr are subject to several click-through stages for confirmation by the Customer. The final confirmation in the ordering process shall imply the acceptance of the information relating to the foregoing GCS.
As stated in Article 1126 of the Civil Code, PNJ will confirm the Customer’s order by sending a confirmation email within a maximum period of twenty-four (24) hours. This email will feature the content, the cost, the mode of payment and the terms of delivery of the order.
For any information or questions relating to the products or the follow-up of the orders, the Customer can contact the customer service of PNJ by mail to the following address: PNJ – 18, Allée du Grand Totem – 38070 SAINT-QUENTIN FALLAVIER (France), or via the contact form available on the Website.
ARTICLE 5 – AVAILABILITY
As stated in Article 1369-1 of French Civil Law, the products and prices set out on the site www.PNJ.fr are valid as long as they remain on the website, and as stock availability allows. Items not stocked in our warehouse remain purchasable, subject to availability from our suppliers. In this event, an indication of the availability of items will be sent when your order is placed. Information coming directly from our suppliers, errors or changes to orders can occasionally arise.
In the event of a product being unavailable after an order has been placed, we will inform you by e-mail or post as soon as possible. The Customer will be offered the choice by PNJ between a refund of the product within thirty (30) days or the replacement of the ordered item by a product of equivalent quality and price. In the case of the replacement with an equivalent product, the Customer shall have a withdrawal period as referred to in Article 11 of these GCS.
Any spare or replacement parts for a product (action cam, drones, stabilizer, robots, etc) will remain available for purchase on the Website for a period of twenty-four (24) months after said product is desctivated from the Website.
ARTICLE 6 – SECURE PAYMENT
Several methods of payment are available on the Website :
Payment by check :
The checks must be made pable to « PNJ » and adressed to the following address :
PNJ
18 Allée du Grand Totem
38070 SAINT-QUENTIN FALLAVIER
FRANCE
The check must be issued by a bank domiciled in metropolitan France or Monaco.
Failing receipt of the check seven (7) days from the confirmation of the order by PNJ or in case of rejection by the bank, PNJ is entitled to cancel the order.
Payment by bank transfer :
The bank transfer must be payable to PNJ, all needed bank information is transmitted to the Customer at the time of the validation of the order.
Failing receipt of the bank transfer seven (7) days from the confirmation of the order by PNJ or in case of rejection by the bank, PNJ is entitled to cancel the order.
Payment by Paypal :
The Customer is responsible for making sure, in advance, that he has the necessary authorizations to use this method of payment when placing the order.
Payment by Credit Card :
The Website uses a security system developed by our partner Paypal: the platform and its title are presented when the order is placed by the Customer.
PNJ monitors all transactions validated on the Website. Such verifications aim to protect www.PNJ.fr from fraudulent activity. PNJ reserves the right to request any necessary document to the Customer in order to unblock the order and to proceed with the shipping : proof of address, or bill in your name, or proof of address of the person named for delivery, etc. The following requests will be made by e-mail:
- For any orders with different billing and shipping addresses
- For any new customer
- For any order over hundred fifty (150) Euros
Pursuant to the provisions of Article L. 122-1 of the Consumer Code, PNJ reserves the right to refuse any order or delivery in case of total or partial non-payment of a previous order or in case of refusal of Authorization for payment by check issued by banking organizations.
In the absence of payment of the products within the agreed time limits, in addition to the right of PNJ to cancel the order, penalties for delay will automatically apply from the due date for payment equal to three (3) times the legal interest rate in effect.
ARTICLE 7 – DELIVERY
7.1 Generalities
The products purchased on the Website are shipped according to the modalities defined in article 3 of these GCS after the validation of the payment and, in the case of a delivery outside the European Union, after obtaining the necessary customs documents. The products will be delivered to the shipping address indicated by the Customer during the ordering process. The delivery time is thirty (30) days maximum. In case of payment by credit card, the indicated times correspond to total delivery times (processing and shipping) for products destined for metropolitan France and Monaco. The Customer will be notified of the delivery date by email.
7.2 – Delivery issues
If the consignee is not present at the shipping address at the time of the delivery, the carrier will leave a non-delivery notice in the letter box. This notice indicates to the Customer how, when and where his parcel can be collected. If the parce lis not collected within the time limits set by the carrier, the products will be shipped back to PNJ that will issue a refund to the Customer for the order, shipping fees excluded. In the event of a delay in delivery, compared to the date indicated in the confirmation email, the Customer is required to report this delay to PNJ’s Customer Service by sending a letter to PNJ – 18, Allée du Grand Totem – 38070 SAINT-QUENTIN FALLAVIER (FRANCE), or via the contact form available on the Website. If the product is not delivered more than seven (7) days after the delivery date indicated in the Customer’s email, except in case of force majeure, the customer may terminate the contract by recommended letter with receipt note. The cancellation of the contract shall take effect upon receipt of the registered letter, unless the delivery of the product has occurred before such receipt. PNJ will therefore refund the Customer for the price of the order and shipping fees. Refund of shipping costs is made on the basis of normal delivery. In case of refund of shipping costs, even in the event of an express delivery such as Chronopost, the amount will be calculated on the basis of the cheapest transport proposed on the site.
ARTICLE 8 – RECEPTION
When receiving the products, it is the Customer’s responsibility to open the package (s) in the presence of the carrier, in order to check the condition and the conformity of the products with respect to his order. The Customer will formalize its acceptance of the delivery by the signature of the delivery note handed by the carrier.
In case of damage or missing item(s) resulting from the transport, the Customer must write his objection down on the delivery note or refuse the products.
These reserves must be confirmed by the Customer to the carrier, by registered letter with acknowledgment of receipt, within three (3) working days following the delivery. Otherwise, the apparent defects will be purged and no complaint of the Customer will be able to bear on an apparent defect.
The Customer shall also notify the PNJ’s Customer Service by sending a letter to the following address: PNJ – 18, Allée du Grand Totem – 38070 SAINT QUENTIN FALLAVIER (FRANCE), or via the contact form available on the Website, within eight (8) days from delivery, any defects or damage found to the carrier, in order to preserve PNJ’s rights vis-à-vis the carrier on the one hand and on the other hand in the event that the product is still in the Customer’s possession, initiate the return procedure under the conditions provided for this purpose.
ARTICLE 9 – WARRANTY
The Customer benefits from the legal Guaranty of Conformity and the Guarantee against hidden defects, in conformity with articles L. 211-1 to L. 211-14 of the French « Code de la Consommation » and 1641 to 1649 of the Civil Code.
9.1 Compliance Warranty
PNJ is responsible for the quality of its products. In the case of a hidden defect or in case of non conformity, the Customer can choose between an exchange or the refund of the product (s). However, if the exchange is impossible, the product will be refunded, within one (1) month following the Customer’s claim date. The request must be made within fifteen (15) working days after delivery. Any complaint made outside this period can not be accepted. The products must be returned with all the delivered elements (product, accessories, notices, packaging, …) to PNJ and addressed to PNJ Customer Service. The shipping costs are reimbursed to the Customer following his complaint.
Minor defects are not covered by the Guarantee of Conformity.
The action for Guarantee of Conformity lasts for two (2) years from the date of delivery of the products to the Client.
9.2 Guarantee of hidden defects
PNJ shall be liable for the hidden defects of the products sold, that happened prior to the sale and render the Product unsuitable for the purpose for which it is intended. The action must be brought by the Customer within two (2) years from the discovery of the defect.
ARTICLE 10: RETURNS
In case of non-conformity of the products, acknowledged in the ARTICLE 9 or in case of the exercise of your right of retraction under the conditions of ARTICLE 11. The Customer shall follow the procedure described hereunder. This is not mandatory in order to enjoy your right of withdrawal. However, these measures are strongly recommended for a faster processing of your return.
Prior to return, the Client must send his/her request for withdrawal and request a return authorization number (RMA) to the PNJ Customer Service, by mail to the following address: PNJ – 18, Allée du Grand Totem – 38070 SAINT-QUENTIN FALLAVIER, France, or Via the contact form available on the Website PNJ.fr.
In case of exercise of the right of withdrawal, the expenses of return of the products are the responsibility of the Client.
Except in the case of the guarantee, only the complete returned items (product, accessories, instructions, packaging, …), in perfect condition, and preferably accompanied by a copy of the invoice or the delivery note will be accepted. Damaged or incomplete returned items will not be accepted or refunded to the Customer by PNJ.
PNJ Customer Service will send a RMA number to the Customer by e-mail and, in case of non-compliance, a prepaid return label. The Customer must attach the RMA number to the return package, so that PNJ is able to process the exchange or refund request.
Products must be returned to the following address: PNJ – 18, Allée du Grand Totem – 38070 SAINT-QUENTIN FALLAVIER, France. PNJ recommends that the Customer return the products by a secure shipment, with a tracking option.
ARTICLE 11 – RIGHT OF RETRACTION
In accordance with the provisions of Article L. 121-20-12 of the Consumer Code, the Customer has a period of retraction on his order of fourteen (14) clear days from the date of receipt of the product(s). The customer has the right to withdraw without giving any justification within 14 days after the day on which you, or a third party other than the carrier and designated by the Customer, physically takes possession of the ordered products.
The Customer exercises his right of withdrawal by sending his request for withdrawal to PNJ’s Customer Service.
The Customer must follow the procedure of return of the products provided for in article 10 of these general conditions of sale and return the product within fourteen (14) days of the communication of its decision to retract.
The Customer is then reimbursed the price of the order and the delivery costs, except return costs, by any means of payment, no later than the day of receipt of products by PNJ.
The Customer has an obligation to return the product in good condition, under conditions specific to its re-marketing.
The Client’s right of withdrawal can not be exercised when the Customer has ordered customized products or made according to his own specifications.
ARTICLE 12 – RISK TRANSFER
The Customer is responsible for the risks of the products as soon as they are handed over, the transfer of possession leading to the transfer of the risks.
ARTICLE 13 – INTELLECTUAL PROPERTY
All texts, comments, books, illustrations, images and sound elements reproduced on the site PNJ.fr are protected under copyright and intellectual property for the whole world .
In accordance with the provisions of the Code of Intellectual Property, only private use of our content is tolerated, subject to more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the Website PNJ.fr and/or the PNJ catalog is strictly prohibited. All rights reserved.
ARTICLE 14 – RESERVATION OF OWNERSHIP
Pursuant to the provisions of articles 2367 to 2372 of the Civil Code, PNJ shall retain ownership of the products sold on the Website PNJ.fr until the full payment of all sums owed by the Customer to PNJ, as part of its Order, fees and taxes included.
In the event of delivery and non-payment, PNJ may exercise its right to claim the products ordered and delivered to the Customer.
In the event of a transfer of ownership of a product purchased by the Customer from PNJ to a third party, this third party will not be bound by these general conditions of sale, which are only opposable to the Original Customer.
ARTICLE 15 – LIABILITY
The products we offer conform to current French legislation and applicable norms in France. PNJ will not be held liable for cases of criminal mis-use in the country to which the product is delivered (such as prohibition of a product). It is your responsibility to check importation or usage rules for products and services you intend to order with your local authorities.
The photographs, texts and graphics illustrating the products presented are not contractual. PNJ does not guarantee that the color of the product presented on the site will corresponds exactly to that of the product delivered due to the possible color deterioration according to the type of computer screen. Consequently, the responsibility of PNJ can not be engaged in case of errors or omissions of photography or text, and the Customer can not cancel his order on this foundation. PNJ invites the Client to refer to the description of each product to know the precise characteristics.
PNJ will not be held liable for breach of contract in the event of force majeure, stock shortages, total or partial staff strike, notably by postal services and means of transport and/or communication, flood or fire.
If purchasing as a business user, PNJ shall not be held responsible for any indirect damages arising from the following: loss of business, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of these products.
PNJ also cannot be held responsible, in the event of absence of the recipient for the delivery of products and/or, in the case of the Client (or person designated as such by the latter) collecting the Products late or not at all from the delivery company, after the latter has left them an advisory card.
Some links on the Website may lead to external pages that are not from the official PNJ.fr. In this event, PNJ will not not be held responsible for the content of said websites.
Note on phishing : this is way of deceiving internet users, by perfectly copying an internet site and making the user believe they are ordering from a legitimate site. In the event that the Seller PNJ falls victim to this act, its responsibility cannot be impugned as it is itself, the victim.
ARTICLE 16 – Miscellaneous
16.1 – Force majeure
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure. In particular, cases of force majeure or unforeseeable circumstances are considered: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning strikes or strikes or shutdown of telecommunication networks.
16.2 – Interpretation
If one or more clauses of these general conditions of sale are canceled or deemed unwritten pursuant to a law, regulation or court ruling, the other clauses shall retain their full value.
The fact that one of the parties does not avail itself of a breach by the other party of one of the obligations referred to in these general conditions of sale can not be interpreted for the future as a waiver of the obligation Obligation in question.
In case of difficulties of interpretation between the title and the content of a clause, only the content is authentic.
ARTICLE 17 – APPLICABLE LAW – LITIGATION
The foregoing Conditions of Use are subject to French law. The language of the foregoing contract is the French language. In case of litigation between the Customer and PNJ , only French courts shall have sole primacy.
ARTICLE 18 – COMPUTERS AND FREEDOMS
In accordance with the law “Informatique et libertés” n ° 78-17 of January 6, 1978, the Customer has the right to access and modify his/her personal data and can exercise this right by sending a letter, indicating his Name, Surname and address, at the following address: PNJ – 18, Allée du Grand Totem – 38070 SAINT-QUENTIN FALLAVIER, France, or request it via the contact form available on the Website PNJ.fr.
ARTICLE 19 – COOKIES
The user is advised that when visiting the site, a cookie may be stored automatically on their browser software (a cookie is a data bloc which does not allow them to be identified but which can be used to log their browser activity on the site). In general terms, this cookie contains an identification number or a code which lets us recognise you when you return to our site. The establishment of these systems allows us simply to gather statistical data so as to improve our site and better respond to your needs. The data is never passed to third parties.
We would remind you that your browser has cookie-blocking options as well as those for warning you before accepting cookies and deleting them. For further information about cookies and the handling of personal data, please visit the website of the CNIL, the French National Commission for Information Technology and Freedom, at CNIL.fr.