Terms of Sales
General Conditions of Online Sale – ELEMENT VET
These general conditions of sale are up to date as of February 1 , 2023
You will find all of the legal notices right here: I read the legal notices.
The purpose of these T&Cs is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any order (hereinafter the “ Order ”) of Products placed on the Site by the Customer.
The Customer declares to have read and accepted these GCS before placing his Order.
The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.
The Customer selects the Products he wishes to purchase, and can access the summary of his order at any time before confirming it.
For any new order, the Customer must create an account on the Site manually or by using the "Facebook Connect" function. It is the Customer's responsibility to maintain the confidentiality and security of his login credentials to the Site. The Client must immediately inform the Company of any unauthorized use of his identifiers. The Company cannot be held liable for any loss or damage resulting from the Customer's inability to protect its identifiers.
The Customer proceeds to the confirmation of his order after having filled in his delivery information, his delivery method, his payment information. A clear and legible mention of payment will appear in the order confirmation screen to ensure that the Customer explicitly acknowledges his obligation to pay for the order.
The Company sends an order confirmation by email to the Customer, containing the elements of the summary of his order. Sending this confirmation email formalizes the contractual commitment between the Company and the Client.
The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.
The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment.
The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card, Paypal payment, except for special conditions of sale expressly accepted by the Customer and the Company.
In the event of payment by credit card, the Site uses the security system of Société Générale, a service provider specializing in the security of online payment. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected.
The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment chosen when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
The indications of availability of the Products are provided at the time of placing the order.
Errors or modifications may occur exceptionally, particularly in the event of a stock shortage at a supplier of the Company due to too many orders for the same Product.
In the event of Product unavailability after the order has been placed, the Company will inform the Customer as soon as possible, offering either to order another Product or to cancel the order.
The countries for which the Products can be delivered in Metropolitan France or in the countries indicated on the Site when placing the Order. Outside of these delivery areas, the Company will be entitled to refuse the order or to accept it after estimating the shipping costs associated with this delivery.
The Company strives to deliver the Products within 5 days of placing the order. In the event of a delay in delivery due to unforeseeable circumstances, the Company will inform the Customer of the additional delivery time required. In the absence of delivery on the expiry of the agreed additional period, the Customer may cancel his order by sending a registered letter with acknowledgment of receipt without being able to claim the allocation of damages and interest due to this simple delay in delivery.
The Customer must ensure that the information provided to the Company is correct, and that it remains so until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change in contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or error, the Client cannot under any circumstances hold the Company liable.
The Company will also not be liable if the non-receipt and delivery of the Products is due to an unforeseeable and insurmountable event, or to a case of force majeure.
- CUSTOMER SERVICE
For any request for information, clarification or for any complaint, the Customer must contact, in priority, the Customer Service of The Company, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is available Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. using the following contact details:
- email: contact@element.vet
- mail: 82 Avenue Aristide Berges, Villard-Bonnot, France
Under the legal guarantee of conformity of articles L.211-4 and following of the Consumer Code, the Company undertakes, at the Buyer's choice, to reimburse or exchange the defective or non-corresponding Products. to his order provided that the Customer acts within two (2) years from the delivery of the Product(s). The Buyer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
Under the legal guarantee against latent defects of article 1641 of the Civil Code, the Buyer has the choice between the resolution of the sale or the reduction of the sale price, in accordance with article 1644 of the Civil Code. If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
Independently of the legal warranties set out above, the Products are guaranteed for a period of one month from their delivery.
The Customer acknowledges that the exercise of the commercial guarantee implies that the Product(s) ordered are returned in their packaging and unused.
The return of the Product under the commercial warranty will give rise, as the case may be, to a replacement of the Product or to a refund to the Customer, after verification of the returned Products. The customer must return the products as soon as possible and at his own expense.
The Customer agrees to comply with the terms of these T&Cs.
The Customer undertakes to use the Site and the Products in accordance with the Company's instructions.
The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, extract, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
- To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
- Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the Products to third parties.
- To disparage the Site and/or the Products as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
In accordance with articles L.121-18 and following of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 82 Avenue Aristide Berges, Villard-Bonnot, France or by email to contact@element.vet .
The Customer can also use the withdrawal form reproduced at the end of these GCS. Once completed, the withdrawal form representing a decision to withdraw can be sent directly to the Company by clicking on the send icon provided for this purpose. The Customer can also use the withdrawal form reproduced at the end of these GCS.
In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The Customer must return the Product(s) in the same condition as the one in which he received them, and with all the packaging elements, accessories and instructions (even if the Product(s) has or have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address: 82 Avenue Aristide Berges, Villard-Bonnot, France. In accordance with the law, the Customer bears the cost of returning the Product(s).
The Customer is invited to indicate the reason for the return/withdrawal, in order to help the Company improve its service.
In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has (have) been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer agrees expressly in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from his Order.
In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only engaged with regard to the Company for a depreciation of the Product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
The Company implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Products. However, it cannot under any circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party outside the contract, or to a case of force majeure.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company.
Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order the Products of the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the supply of the Products, the Company collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Name
- Postal address and delivery address
- Date of birth
- Country
- Password
To this end, the processing of Customer data is declared to the CNIL under number 2039370.
The Company collects and processes the personal data of Customers for the following purposes:
- Provision of Products and services on the Site;
- Order management ;
- Management of returns, exercise of the right of withdrawal, payment, invoicing, etc.;
- Information on the Company, the services, and the activities of the Company;
- Response to any questions/complaints from Customers;
- Development of statistics;
- Management of requests for rights of access, rectification and opposition;
Data relating to the management of Customers' personal data is kept for the strictly necessary period as defined by the Data Protection Act as amended.
Customers' personal data is processed by the Company's sales department as well as by the Company's partner companies and subcontractors. They may, if necessary, be transmitted to partner companies after having been anonymized, making it impossible for a partner company to identify the Customer.
The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
The Company takes care to secure the personal data of Customers in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
Each computer connected to the Internet network has an IP address. As soon as a Customer browses the Site, the Company collects the Customer's IP address in order to analyze the traffic on the Site and to monitor the Customer's activity on the Site in order to ensure that the latter does not does not carry out acts likely to infringe the General Conditions of Sale appearing on the Site.
Finally, in accordance with the Data Protection Act dated January 6, 1978, Customers have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: contact@element.vet .
As part of the use of the Site by Customers, the Company may use cookies.
In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site as well as the other services of the Company. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain confidential information about Customers.
The Customer visiting the home page of the Site will be informed:
- the specific purposes of the cookies used;
- the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
- and the fact that the continuation of its navigation is worth consent to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until he has continued browsing.
Without prior consent of the Customer, the deposit and reading of cookies will not be carried out:
- if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue browsing: a simple lack of action cannot in fact be assimilated to an expression of will;
- or if he clicks on the link present in the banner allowing him to configure the cookies and, if necessary, refuses the deposit of cookies.
The Customer can deactivate cookies by modifying the settings of his browser. The Customer is reminded that the setting is likely to modify the conditions of access to content and services requiring the use of cookies. If the Client's browser is configured to refuse all cookies, he may not benefit from some of the services offered by the Company on the Site.
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies;
For Safari™: http://support.apple.com/kb/ht1677?viewlocale=fr_FR;
For Chrome™: https://support.google.com/chrome/answer/95647?hl=en;
For Firefox™: https://support.mozilla.org/fr/kb/enable-disable-cookies;
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
The name and brand of the Company, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.
By ticking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Products similar to those ordered.
Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GCS, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.
In the event of failure of this mediation procedure or if the Customer wishes to take legal action, the rules of the Code of Civil Procedure will apply.
WITHDRAWAL FORM
To the attention of ELEMENT VET 82 Avenue Aristide Berges, Villard-Bonnot, France
I hereby notify you of my withdrawal from the contract relating to the sale of the Product or the
Product Reference:
___________________________________________________________________________
Invoice number: [_________________________________]
Ordered on [____________]*/received on [________________]*
Means of payment used: __________________________
Name of the Customer and, where applicable, of the beneficiary of the order:
________________________________________________
Customer address:
__________________________________________________________________
Delivery address : _________________________________________________________________________________
Date : [__________________]
Signature of the Customer (except in the case of transmission by email)