1. PURPOSE :
These general terms and conditions of sale define the rights and obligations of Canidéfit on its website https://canidefit.com. They apply exclusively between: Canidéfit, SASU with a capital of 1000 euros, registered under the number 910 792 316 RCS of Toulouse, whose head office is located at 996 CHEMIN DE LA DOURDENNE, 31620 FRONTON, France, and any consumer, natural person (or legal entity) visiting or making a purchase via the said site https://canidefit.com.
Publishing director and editor: Anthony Dufreneaud
This website (https://canidefit.com) is hosted by Scaleway, headquartered in Paris, France, and can be reached at https://www.scaleway.com/fr/contact-trust-et-safety/.
On the Site, the Company allows the customer to order canine structure equipment products online in accordance with these terms and conditions.
Any order placed on the Site therefore implies the customer’s unreserved acceptance of these terms and conditions. These terms and conditions may be modified by the company at any time and without prior notice. The applicable terms and conditions are those in force on the date of the customer’s order.
These general terms and conditions of sale apply exclusively to sales on the https://canidefit.com website. They do not apply to sales in stores or through other distribution and marketing channels.
These general terms and conditions of sale are permanently accessible at the following address: https: //canidefit.com/cgv in a format that can be printed and/or downloaded.
2. PRODUCTS AND COMPLIANCE
2.1. The products offered for sale are presented on the https://canidefit.com website and are accompanied by a description. Products are offered while stocks last.
2.2. The products offered by the Company on the https://canidefit.com website comply with the standards applicable in France.
The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the products are not contractual, which the customer acknowledges.
Consequently, the Company cannot be held liable in the event of error or omission in any of these elements, or in the event of modification of said elements by suppliers and/or publishers.
3. CUSTOMER’S OBLIGATIONS
3.1. The customer declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an order on the Site.
3.2. The customer undertakes to provide the Company with the actual information required to provide the service covered by these terms and conditions, as requested online and according to his/her situation, in particular his/her surname, first name, address, telephone number and valid e-mail address.
The customer is liable for any consequences arising from the transmission of false or inaccurate information, or the unlawful use of such information.
3.3. Once the order has been placed, the Company sends the customer an e-mail confirming the order. It informs the customer that the products have been dispatched.
3.4. Customers can modify their personal data in the “My account” section or by sending an e-mail to support@canidefit.com.
4. ORDER
4.1. All orders will only be validated once payment has been accepted.
4.2. The Company reserves the right to cancel or refuse any order.
4.3. The Company can accept orders within the limits of available stocks. It informs the customer of the availability of products sold on the website at the time of order confirmation.
If, despite the Company’s vigilance, the products are unavailable, the Company will inform the customer by e-mail as soon as possible.
In no event shall the Company be liable for any permanent or temporary unavailability, nor shall it give rise to any right to compensation or damages in favor of the customer.
Any order implies acceptance of the prices and descriptions of the products offered for sale on the https://canidefit.com website.
In the event of non-payment, the seller reserves the right to suspend the customer’s order until full payment has been received.
5. PRICE
5.1. Prices shown on the website are in euros and include all French taxes (French VAT and any other applicable taxes). Other taxes, in particular customs duties and additional taxes for deliveries outside the EU, will be borne exclusively by the customer.
Prices are subject to change without notice. Items will be invoiced on the basis of the prices in force at the time the order is placed.
6. DELIVERY
6.1. Products are delivered in mainland France, including Corsica. For deliveries outside the European Union and to French overseas departments and territories, delivery terms will be specified to the purchaser on a case-by-case basis.
Products are shipped to the delivery address indicated by the customer at the time of ordering. The delivery times indicated on the site are indicative times, corresponding to average processing and delivery times. In order for these times to be respected, the customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as street number, building number, staircase number, access codes, intercom names and/or numbers, etc.).
The delivery time indicated when the order is sent is given as an indication only and is in no way guaranteed. In the event of late delivery due to non-compliance with the agreed delivery date or delivery period, the purchaser must request the seller to make the delivery within a reasonable additional period before terminating the contract.
If the delivery time exceeds 30 days from the date of payment of the order, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund. The Company will reimburse the customer upon receipt of the item, complete, in its original condition and with all labels.
6.2. Products are delivered to the address indicated by the purchaser on the order form, who must ensure that the information provided is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense and request.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and the Company, by any means, of any reservations within a maximum of 48 hours following receipt of the product. Any claim made after this deadline will be rejected.
Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the Company from any liability to the Customer.
If, at the time of delivery, the Customer notices that the original packaging is damaged, torn or open, he/she must check the condition of the items. If they have been damaged or if products are missing, the Customer must refuse the parcel and note this on the delivery slip (parcel refused because opened, products missing or damaged).
6.3 In the event of a delivery error, the Customer undertakes to inform the Vendor on the day of delivery or within a maximum period of 48 hours following delivery of the product. Any claim made after this deadline will be rejected.
Complaints may be made by e-mail to the following address: support@canidefit.com.
Any complaint not made in the rules defined above and within the time limits could not be taken into account and releases the Company of any responsibility with respect to the purchaser.
Upon receipt of the Customer’s complaint, the Company undertakes to take the necessary steps to exchange the product(s). The Customer agrees to return the product(s) received in error in their original packaging and unused with the shipping and return label provided by Canidéfit.
7. PAYMENT
Payment must be made in full at the time of ordering. To pay for the order, the purchaser has the choice of all the methods of payment made available by the seller and listed on the seller’s website, namely :
- Credit card
- Paypal
For all transactions, the customer must indicate the number on the front of the card, the expiry date and the cryptogram on the back of the card (last three digits).
The communication by the Customer of his/her credit card number constitutes authorization for the Company to debit his/her account for the amount of the order.
Cash on delivery will not be accepted for any reason whatsoever.
The Company retains ownership of the item until full payment has been received from the customer. In this respect, the Company reserves the right to suspend any order and any delivery in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. The Company reserves the right to refuse delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Purchases are made securely. The payment solutions adopted by the Company are 100% secure. For payments by credit card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue). All information communicated by customers to the Company is strictly protected, guaranteeing the conformity and security of each transaction.
We do not store your bank details on our servers. Consequently, you must re-enter them each time you place a new order on our website.
8. RIGHT OF WITHDRAWAL AND CONDITIONS FOR PRODUCT RETURNS
8.1. If, for any reason whatsoever, the Customer is not satisfied with the product purchased, Article L121-18 of the French Consumer Code states that the Customer may cancel the purchase within 14 days of receipt of the parcel, as evidenced by the carrier’s receipt.
The customer must inform Canidéfit of his right of withdrawal by contacting Customer Service or by registering his request for return at the following address: support@canidefit.com before the expiry of this period. Any request made or registered after the deadline will not be eligible for reimbursement or retraction by the customer.
8.2. The product(s) returned must be new, unused and in their original, perfectly intact box (article L121-21 of the French Consumer Code). No returns will be accepted if the products returned have been visibly used or damaged by the customer and if this use or damage renders the products unfit for sale. If the return is refused by Canidéfit, the products may be made available to the consumer for reshipment at the latter’s expense.
The return is at the customer’s expense, and the package travels under the customer’s responsibility. Canidéfit recommends that the package be well packaged (inside and out: the original packaging must itself be packaged in a cardboard box suitable for transport). Canidéfit will provide the Customer with a prepaid transport voucher which will be deducted from the refund amount. Canidéfit cannot be held responsible for any shock or malfunction caused during transport.
The Customer undertakes to dispatch the product(s) within a maximum of 15 days from validation of the request by Customer Service. Any parcel dispatched after this period will not be eligible for a refund.
Canidéfit reserves the right to refuse the package or leave it at the disposal of the consumer to be reshipped at the expense of the latter and at his request.
If all the conditions of the right of withdrawal are met, the consumer will be reimbursed the value of the products on the day of purchase (excluding shipping costs which will remain due to Canidéfit) within a maximum period of 15 days upon receipt of the package by the warehouse.
8.3. Terms and conditions
The customer must inform the online sales site https://canidefit.com. of his prior intention to return the parcel. This must be done by sending an e-mail to: support@canidefit.com, specifying the reason for the return and the number of the initial order.
Subject to compliance with the above conditions, a refund of the value of the products in accordance with the purchase invoice, excluding shipping costs (return transport voucher), will be made within 15 days of receipt of the product by the online sales site https://canidefit.com.
In case of receipt of a return package whose contents do not comply with the request for return or products that do not comply with the conditions of return mentioned above, Canidéfit reserves the right to exercise all actions for recovery from the customer.
9.WARRANTIES AND LIABILITY
Legal warranty
The Buyer benefits free of charge from the warranty given by the manufacturer of each product. Canidéfit cannot be held responsible for the misuse and/or intensive use of the articles by the customer.
All products offered by Canidéfit are subject to the legal guarantees of conformity (articles L.211-4 to L.211-14 of the French Consumer Code) and hidden defects (articles 1641 to 1649 of the French Civil Code). The customer will be reimbursed in the form of a credit note or an exchange will take place in the case of apparently defective products.
Guarantees do not cover :
- Abnormal or improper use of the products. In this respect, we invite you to carefully consult the instructions for use supplied with the products.
- They do not cover defects and their consequences arising from improper use, improper maintenance or improper use for which the product is intended.
- Damage caused by improper storage of the product.
- Normal wear and tear.
- Damage resulting from product modification by the customer
- Damage caused by twisting, dropping or abnormal impact of the product.
- Defects and their consequences due to any external cause.
All warranty claims must be submitted to the after-sales service department at support@canidefit.com. Only claims submitted to and approved by the after-sales service department will be considered and processed. Any product returned to the after-sales service whose defect is excluded from the warranty will not be processed. If this is the case, the product will be left at the customer’s disposal and the return will be at the customer’s exclusive expense.
For all stages of access to the site, from the order process to dispatch of the parcel or subsequent services, the Company has only an obligation of means. The Company shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion, the presence of computer viruses, late delivery due to the delivery service provider or any event qualifying as force majeure.
10. INTELLECTUAL PROPERTY
Canidéfit is a French trademark registered with INPI.
Under no circumstances is the customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of Société Canidéfit.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, remain the full and complete property of the Company Canidéfit who holds the rights.
The customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site or on the products, as the case may be, or register a trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.
The same applies to all other intellectual property rights.
11. PERSONAL DATA
The company undertakes to use customers’ confidential information only in connection with the operation of its Site.
For the proper processing of the order, the personal data collected will be subject to computer processing, and the customer acknowledges that he/she is aware of this.
In accordance with the RGPD law of May 25, 2018, the customer has the right to access and rectify personal data concerning him/her contained in the Company’s files.
This data processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within 15 days of the occurrence of the event, by any means at its disposal.
In addition to those normally accepted by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, war, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three months, the contract in question may be terminated ipso jure without compensation for either party.
13. DISPUTES
These terms and conditions are governed by French law with regard to both form and substance. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, the French courts shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.
14. GENERAL PROVISIONS
14.1. Partial invalidity of a clause
If any one of the stipulations of the present conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
14.2. Update
The present terms and conditions may be modified at any time and without notice by the Company, the applicable conditions being those in force at the date of the order by the customer.
Reproduction of applicable texts (Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code).
Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
– To conform to the contract, the good must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
– Correspond to the description given by the seller and possess the qualities that the seller has presented to the customer in the form of a sample or model;
– have the qualities that a customer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Art. 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.