Terms of Sales

This document governs the company's General Terms and Conditions of Sale, effective as of September 07, 2021.

BETWEEN:

POP DOG EURL, (the "Company" or the "Seller"), a public limited company under French law, registered with the RCS of Nanterre under number 903 022 515 00014, whose registered office is located at 75 rue Pierre Brossolette, 92140 Clamart in France.

AND

The natural or legal person purchasing products or services from the Company (the "Buyer" or the "Customer").

PREAMBLE

The Seller is a publisher of Products and Services for Online sale of pet accessories for consumers, marketed through its website (www.popdog. en). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.

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

These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company's website, 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: https://popdog.fr/pages/conditions-generales-de-vente
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click during any purchase procedure. 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 received the necessary advice and information to ensure that the offer meets his needs.

The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of set of transactions.

Article 3: Price

The prices of the products sold through the Internet sites are indicated in Euros All Taxes Included and precisely determined on the Product description pages. They are also indicated in euros excluding taxes (to which VAT + any other taxes are added) 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 French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:

Information on the essential characteristics of the Product
Selection of the Product, if applicable, of its options
Indication of the Customer's essential contact details (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 entering the data and to correct them.

The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the website of the Seller. 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 article 1360 of the civil code .

This information can 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 reason it deems legitimate.

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 method 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 does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of 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 terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronics, and its activities in the context of this sale.

The Seller undertakes to honor the Customer's order within the limit of the stocks of Products available 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. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Article 6: Compliance

In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Conditions of Sale meet the requirements in force relating to safety and the health of people, the fairness of commercial transactions and the protection of consumers. Independently of any commercial guarantee, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with article L.217-4 of the French Consumer Code, the seller delivers goods that comply with the contract and responds to any lack of conformity existing at the time of 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 compliance and hidden defects (art. 1641 c. civ.), the Seller will refund or exchange defective products or products that do not correspond to the order. Reimbursement can be requested at the following address contact@popdog.fr

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated when ordering and within the time 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 the event of a delay in shipment, the Customer may make a complaint to the address contact@popdogfr.

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 French 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 follow up on the order. The Seller recalls 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 up to the Customer to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

In the event of unavailability of an article 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 by email. 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 pay by credit card or bank transfer. 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 end-to-end encrypted 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 French 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 to the following address: contact@popdog.fr

We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item whose manufacturing or routing 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.). They must also be accompanied by a copy of the proof of purchase.

In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: complaint at contact@popdogfr

Refund procedure: the refund procedure can be carried out after an investigation of the product(s) purchased, more details: complaint to the address contact@popdog.fr

Article 12: Warranties

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 which are apparently defective or which do not correspond to the order placed. The refund request must be made as follows: complaint to the address contact@popdog.fr

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 good subject to the conditions provided for by the aforementioned provisions, apparently defective or not corresponding.
That it is exempted from providing proof of the lack of conformity of the goods during the six months following the delivery of the goods.
That, except for second-hand goods, this period will be extended to 24 months from March 18, 2016.
That the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the French civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).

Article 13: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the company using the following complaint contact details at contact@popdog.fr.

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French 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 can be canceled by the buyer by registered letter with acknowledgment of receipt in the following cases:

Delivery of a product that does not comply with the specifications of the order.
Delivery beyond the deadline set when ordering or, failing 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: Intellectual property rights

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 General Conditions of Sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such event as soon as possible.

Article 17: Nullity and modification of the contract

If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid 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 for the purpose of selling and delivering the 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 controller: the Seller, as indicated at the top of these GCS.
The contact details of the Data Protection Officer.
The legal basis for the processing.
Contractual performance.
The recipients or categories of recipients of the personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, of the delivery and the order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question.
That no transfer outside the EU is planned.
The duration of data retention: the time of the commercial prescription
The data subject has the right to request from the controller access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability.
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 the clauses appearing in these 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 consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code : The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about 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. 217-4 of the Consumer Code : The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of 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.

Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is specific to the use usually expected of a similar good and, if applicable:

If it corresponds to the description given by the seller and has 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.
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 seller's attention and which 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 granted to him during the acquisition or the repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.