Terms of Sales
GENERAL CONDITIONS OF SALE
Between the Company POP DOG,
51 rue du Caire, 75002 Paris,
under SIRET number 899 119 820
represented by Alexandra Boursier Mirlin
The company can be reached by email by clicking on the contact form accessible via the home page of the site. Or directly using the address firstname.lastname@example.org
Hereinafter the "Seller" or the "Company". On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, "the Buyer", or "the Customer" On the other hand, It has been exposed and agreed the following:
The Seller is a publisher of Products and Services of Online sale of accessories for pets at destination consumers, marketed through its websites (www.popdog.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
The these General Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: www.popdog.fr
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure the adequacy of the offer to his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural person or morality for which he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, delivery costs as well.
Article 4: Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically to be able to place his order:; Information on the essential characteristics of the Product; – Choice of the Product, if necessary, of its options – Indication of the essential contact details of the Customer (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract. – Then, follow-up of the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
The customer will have the possibility during his ordering process to identify any errors made in the entry of data and to correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit are available for consultation in the "additional rules" section of these GCS, which can be viewed on the Seller's website at the following address: www. popdog.fr
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of the article 1360 of the civil code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition.These possible costs are indicated to the Buyer during the sales process, and in any case at the time of the order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GCS meet the current requirements relating to safety and health of persons, the fairness of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for existing defects during delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on of conformity and hidden defects (art. 1641 c. civ.), the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested at the following address email@example.com
Article 7: Retention of title clause
The products remain property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address which has been indicated when ordering and within the times indicated. These deadlines do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, these may have different delivery times routed according to the following methods: delivery via one or more packages. In case of delay in shipment, you can file a claim at firstname.lastname@example.org. In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.The Seller then reimburses the product and the "one-way" costs under the conditions of Article L 138-3 of the Consumer Code The Seller provides a telephone contact point indicated in the order confirmation email in order to to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation
In the event of unavailability of an item for a period of more than 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this article may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including for pre-order products. The Customer can make payment by credit card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is automatically resolved immediately and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order . The right of withdrawal can be exercised by contacting the Company as follows: complaint at the following address: email@example.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is in progress. . In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you can request the standard withdrawal form to be sent to us at the following address: complaint at firstname.lastname@example.org. Refund procedure: the refund procedure can be carried out after an investigation of the product(s) purchased, more details: complaint to the address email@example.com
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products.The Seller reimburses the buyer or exchanges the products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made as follows: complaint to the address firstname.lastname@example.org
The Seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the aforementioned provisions, apparently defective or not corresponding – that it is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code). Additional guarantees: _____ (describe your additional guarantees)
Article 13: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company at means of the following contact details complaint to the address email@example.com. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to reconcile the parties in with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order may be terminated by the buyer by registered letter with request for advice from acceptance in the following cases: — delivery of a product that does not conform to the specifications of the order; — delivery exceeding the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment; — unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Rights of intellectual property
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
Performance of obligations of the seller at the end of the present is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of the this contract was cancelled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.Article 18: Protection of personal data In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data whose purpose is the sale and delivery of products and services defined in this contract The Buyer is informed of the following: – the identity and contact details of the controller and, where applicable, of the representative of the data controller: the Seller, as indicated at the top of these GCS; – the contact details of the data protection officer: – the legal basis of the processing: the contractual execution – the recipients or categories of recipients of the personal data, if they exist: the controller, his services in charge marketing, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is planned – the data retention period: the time of the commercial prescription – the data subject has the right to request from the controller access to the personal data, the rectification or erasure of the same, or a limitation of the processing relating to the person concerned, or the right to object to the processing and the right to data stability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses appearing herein general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 19: Consumer information
For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: Aricle 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it is intended for, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.
Article L.217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted
Article L. 217 -12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days comes added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
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The sharing of the T&Cs on your website is your responsibility, it is up to you to adapt the specific points according to your domain.
For any complaints, please contact firstname.lastname@example.org