Terms of sale
§. 1 General provisions
This document regulates the conditions of sale between MyPixxels and the natural or legal person who purchase the goods (hereinafter referred to as Buyer).
MyPixxels is a trademark of PuntoExeDesign based tax Via Chiaravagna 41/8 -16,153 Genova (GE), Italy – VAT: 03877290100 – FC: RVRLCU70E13D969C.
That trademark may not be reproduced or used in any way without the prior authorization of PuntoExeDesign
No one is authorized, if not the same MyPixxels, to perform actions and commercial initiatives on behalf www.mypixxels.com
The user is required, before access to the products and services provided by the website, read these General terms of Sale which means generally and unequivocally accepted at the time of purchase.
The user is encouraged to download and print a copy of the order form, invoice, and these Terms of Sale. MyPixxels reserves the right to modify unilaterally and without notice these terms.
It is possible use the site www.mypixxels.com to access to products and services provided by MyPixxels and purchase them in the following languages:
§. 2 Subject
These Terms of Sale governing the offer, transmission and acceptance of purchase orders for goods / services on MyPixxels; do not regulate, however, the supply of services or sales of products by other parties different from the seller which are present on the same site through links, banners or other hypertext links.
Before sending orders and purchasing products and services from different subjects, we suggest that you verify their terms of sale.
§. 3 Conclusion of the contract
The sales contract is considered concluded by sending, by MyPixxels, an e-mail order confirmation to the customer.
In the e-mail are content:
- Customer data and order number;
- Images of each item / service purchased and its price;
- Payment methods which is possible to use;
- Mode of delivery of the purchased products and the relevant shipping and delivery costs;
- Reference to the conditions for exercising the right of withdrawal;
- Methods and timing for returning the purchased products;
- Link to print and store the copy of these Terms.
The seller is not responsible for any inappropriate graphical representations of products shown if caused by technical reasons since that the representations are merely illustrative purposes.
Before concluding the contract, will be prompted to confirm that you have read the General Terms of Sale including the Information on the right of withdrawal and the processing of personal data.
Completing the registration procedures, the user will be obliged to follow the directions on the site and to provide their personal data accurately and truthfully.
The purchaser will be obliged to pay the price from the time when the online order submission procedure will be ended. This will take place by clicking on the “buy” button at the end of the wizard.MyPixxels undertakes to deliver the goods within max. 30 days from following despatch from the e-mail of the order confirmation to the customer.
§. 4 Registered Users
The confirmation of receipt of the order will be notified by email no later than 24 hours, without prejudice to the payments made by bank transfer, after which, in confirmation defect, MyPixxels will be released from any commitment to you.
Confirmation exonerates in any case MyPixxels of any responsibility about the data supplied by users. The user is obliged to promptly notify to MyPixxels of any variation regarding his personal data.
If then the user communicates inaccurate or incomplete data, or even if there is any dispute by the affected parties about the payments, MyPixxels has right not to activate or to suspend the service until sanatoria of the relative failings.
On the occasion of the first request for activation of a new user profile, MyPixxels will assign to the same an username and a password. This last recognizes that such identification constitute the system for validation of user accesses to the Services and the only system eligible to identifying the user and that the acts performed through such access are attributed to him, and are binding on him.
The user will agree to maintain the confidentiality of its data access and to keep them with due care and diligence not giving it even temporarily to third parties.
§. 5 Product availability
Product availability refers to the actual availability of the print material at a time when the purchaser places the order and, since these are handmade products printed on demand, to the accumulation of previous orders. The material is always available, however, such availability should be considered indicative because, to the effect of simultaneous presence of multiple users on the website, may occur situations of temporary absence and, together with the disposal of previous orders, cause a delay in delivery.
Even after sending the order confirmation email there may be cases of delayed delivery of the goods. In this case, the order will be automatically updated according to the availability of print material and the buyer will be immediately notified via e-mail.
If the purchaser will require the cancellation of the order, by solving the contract, MyPixxels will reimburse the amount paid within 14 days from the time when MyPixxels had knowledge of the decision of the purchaser to terminate the contract.
§. 6 Goods / Services
MyPixxels offers handcrafted design objects printed with 3D printing technology.
The offer is detailed on webpage www.mypixxels.com.
All items produced / printed by MyPixxels are protected by intellectual property rights.
§. 7 Payment and prices
The price will be that indicated on the site from time to time, except where there is an obvious error.
On error MyPixxels will alert as soon as possible the purchaser by consenting the order confirmation at the right amount or annulment. At any rate, for MyPixxels, there will be no obligation to provide how much is sold at a lower price than mistakenly indicated.
The prices on the website include VAT, does not include shipping charges. Prices may subject to change at any time. The changes does not concern the orders for which has already been e-mailed confirm.
Once selected goods / services these will be added to the cart. It will be enough follow the instructions for purchasing, entering or verifying the information required in each step of the process. The details of the order will be able to be changed before payment.
The customer can choose one of the following methods for payment:
- Bank transfer
If you decide to pay by bank transfer, an e-mail with the details of the bank account will be sent after the order.
The purpose of the bank transfer must include Name and Surname of the purchaser and the following endorsement: “for the object of design 3D printed identified with the code ……….”
If paying by bank transfer, both the confirmation that the order will be processed and sent, respectively, after the visualization of the amount requested on the specified bank account.
§. 8 Shipping costs
The shipping service is made with Courier service in the following countries:
Italy, Austria, Belgium, Denmark, Germany, Luxembourg, The Netherlands, France*, England*, Spain*, Finland, Greece, Ireland, Malta, Portugal*, Sweden, Switzerland, U.S.**
France: Departments or overseas collectivities are to be considered as distinct areas from France, with different tariffs.
England: British overseas territories and the islands of the British archipelago including, Channel Island, Man Island, Hebrides, Orkney, Shetland and Anglesey are to be considered as distinct areas from England, at different tariffs.
Spain: The Canary Islands and Melilla are to be considered as distinct areas from Spain, with different tariffs.
Portugal: The Madeira archipelago and the Azores archipelago are to be considered as distinct areas from Portugal, with different tariffs.
To get a quotation you need to send an email to firstname.lastname@example.org to know the terms and any shipping costs.
U.S.: In some cases, where the service requires it, a smaller, variable shipping charge will be applied to the smaller cities (towns, villages and hamlet) depending on the destination.
In case of additional contribution, an email will be sent with the additional amount indicated.
Shipping costs are listed on product cards and are without insurance.
The shipping costs € 16.00 for the purchase of 1 (one) lamp to Europe (Austria, Belgium, Denmark, Germany, Luxembourg, Netherlands, France, England, Spain, Finland, Greece, Ireland, Sweden, Switzerland), € 24.00 for the purchase of 1 (one) lamp to Malta, $ 27.00 for the purchase of 1 (one) lamp to U.S.A. and € 8.00 for the purchase of 1 (one) lamp to Italy. Starting with the purchase of 2 (two) lamps, shipping costs are free for the countries listed above.
The insurance remains a responsibility of the customer even when the shipment is free.
The customer has the right to decide whether or not to secure the shipment. The cost of the insurance is 1% of the value of the goods with a minimum of 5,00€/5,60$.
For countries not listed in the shipping service (see above) need to send an email to email@example.com to know the terms and any shipping costs. Shipping costs are higher and, in relation to the destination country, always follow the same automation.
– Without Insurance –
Under Italian law, the goods are always borne by the purchaser addressee (whatever the destination country) and under his or her risk. Therefore, in case of shipment NOT insured, the seller can not answer for the damage or the loss of the product not insured, during the shipment of the same.
The contract is concluded in the time and in the place of beginning of the execution, that is with the passage of the product from the seller to the carrier / courier who will handle the shipment.
Therefore applies to the relative e-commerce contract, the 1327 article, paragraph I, of the Civil Code.
Art. 1327 of the Civil Code. Execution before the answer of contractor.
Where, upon request of the proponent or for nature of the deal or according to usage, the performance should be executed without a prior response, the contract is concluded in the time and in the place in which the execution has been started.
If shipping is NOT insured against damage and theft, who receives damaged goods, cannot act against the seller, but only against the carrier, pursuant to article 1693, paragraph I, of the Civil Code.
Art. 1693 of the Civil Code. RESPONSIBILITY FOR LOSS AND DAMAGE.
The carrier is liable for loss and for damage of the things delivered to him for transportation, since he receives them till on the delivery to the addressee, unless it can prove that the loss or the damage is derived from a fluke, from nature or from defects of the things themselves or of their packaging, or because of the sender or of the addressee.
§. 9 Delivery
MyPixxels makes shipments by courier in the following geographical areas:
Europe and North America.
The delivery is made, on indication of the courier, by the date specified on the email of the order confirmation, if there is not specified any delivery date, depending on geographic shipping areas, within the maximum term of 30 days from the date of order confirmation.
All printed products are shipped in suitable packaging.
The delivered goods must be checked on arrival.
The Purchaser must report directly to the courier any damage to the packaging such damaging, tampering or signs of breakage and verify the integrity of the products in them contained in order to protect themselves and to allow MyPixxels to put in place the appropriate action for to replace or to send back the goods.
§. 10 Transfer of risk
The risks relating to the products pass borne by the purchaser starting from the moment of delivery. Ownership of the products is considered acquired as soon as received full payment of all amounts due in relation to the same, shipping charges included, or at the time of delivery, if this happens at a later time.
§. 11 Warranty and trade compliance
The products are handmade and manufactured individually by 3D printing processes using fusion technologies of filament and therefore may present finishes not perfectly smooth and small defects typical of the manufacturing technology used that guarantee the authenticity and uniqueness of the product purchased.
That said MyPixxels is only responsible for the eventual print defects marked so as evident and which compromise the aesthetics of the products offered on the website, ivi included the non-conformity of articles to products ordered, pursuant to the provisions of the Italian law.
- Consumer customer
If the purchaser has signed the contract as a consumer that is to say any individual who is acting on the site for purposes unrelated entrepreneurial or professional activity, this warranty is valid on condition that the defect is manifested within 24 months from delivery date of the products (Articles 128 and following of the Code of Consumption); that is denounced by the consumer within the time limits provided by art. 132 of the Consumer Code; that is correctly filled out the online Return Form.
- Professional customer
If the purchaser has signed the contract as a consumer that is to say any individual or legal who is acting on the site in carrying out its entrepreneurial, commercial, artisan or professional activity , this warranty is valid on condition that the defect is manifested within 12 months from delivery date of the products (Articles 1490 and following of the Code of Consumption); that is denounced by the consumer within the time limits provided by art. 1495 of the Consumer Code; that is correctly filled out the online Return Form.
In case of non-conformity, the purchaser who has signed the contract as a consumer shall be entitled to obtain correction of the conformity of products at no charge, by repair or replacement, or to have an appropriate reduction of the price or the contract rescinded in relation to goods contested, and the consequent return of the price.
The Defects resulting from normal wear and tear, poor use or accident caused by an external factor or not in accordance with instructions provided by MyPixxels or even through a change neither foreseen nor authorized by MyPixxels, are excluded from the guarantee.
The third-party products supplied in homage are subject to change without notice and do not enjoy any guarantee by MyPixxels.
§. 12 Right of withdrawal
As established by the current regulations, the Purchaser has 14 days from receipt of goods to exercise his right of withdrawal. It is specified that this right expressly enshrined by the so-called “Consumer Code”, establishes that the goods must be returned in the same condition in which have been received. Therefore, the packaging must be intact. The right of withdrawal gives the possibility to the customer to have a rethink after purchasing and does not enter in no way in the discussions on warranty and replacement.
Will not be accepted boxes, packing or objects that have been used or are not in their original state. In addition to return the object or objects, the Purchaser will have to contact MyPixxels, and before shipping will have to wait the acceptance by the same. Once the article or articles there will received and after checking the status of the goods, if these will be correspondent to the standards mentioned before, within 30 days it will refund to the Purchaser the amount of its expenditure excluded the original shipping charge.
As established by the European Court of Justice, the costs that Purchaser will incur for to give back the good will not be refunded.
The purchaser who intends to exercise the right of withdrawal must communicate it to MyPixxels through explicit declaration, which must be sent by registered mail a/r.
The purchaser will have exercise the right of withdrawal even by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the model withdrawal form in accordance with art. 49, paragraph 1, lett. h), Legislative Decree no. 21 February 2014, n. 21 Amendments and additions to Legislative Decree September 6, 2005, n. 206 of the Consumer Code.
The goods must be returned to:
MyPixxels (puntoexedesign), Via Greto di Cornigliano, 6 – 16152 Genova, Italy
The right of withdrawal does not apply to goods made to measure or personalized, as required by art. 5 paragraph 2, letter c) of Legislative Decree no. May 22, 1999 No. 185, implementing Directive 97/7 / EC enacted by the European Union relating to the protection of consumers in relating of distance contracts.
§. 13 Data processing
§. 14 Contacts
Each request of information could be sent:
- By email: firstname.lastname@example.org
- By mail: MyPixxels (puntoexedesign), Via Greto Cornigliano, 6R-16152 Genoa, Italy.
§. 15 Access to the website
The customer has the right to access the website to consult and make purchases. Any other use of the site web or its content, in particular commercial, is not allowed. The integrity of the elements of this web site, whether audible or visual, and the technology used remain the property of MyPixxels and are protected by intellectual property law.
§. 16 Cookies
The www.mypixxels.com website uses ”cookies”. Cookies are electronic files that record information about the navigation of the Client on the website (pages consulted, date and time of visit, etc.) and allow to MyPixxels to offer a personalized service to its customers.
MyPixxels inform the customer of the possibility to disable the creation of such files, logging into your Internet configuration menu. Is understood that this will forbid the Customer to proceed to on-line purchase.
For more information click here.
§. 17 Integrality
These Terms of Sale are made up of the totality of the clauses that compose them. If one or more provisions of these Terms of Sale is deemed invalid or declared as such pursuant to act the regulation or following a decision by a court of competent jurisdiction, the other provisions continue in full force and effect.
§. 18 Jurisdiction
The contract is disciplined by Italian law.
Any dispute which does not find amicable solution will be subject to the exclusive jurisdiction of the Court of Genova, prejudice to any mandatory competence of other Courts.
These conditions have been written on 20.12.2016
For photos displayed on our website we thank the following photographers:
- Paola Sessa http://paolasphotos.wixsite.com/photo
All images on this site are the property of PuntoExeDesign.