Terms of Sales
Online General Terms and Conditions of Sale – ELEMENT VET
These general terms and conditions of sale are up to date as of February 1, 2023
You can find the full legal information here: I read the legal information.
The purpose of these GTC is to define all the conditions under which the Company markets the Products offered for sale on the Website to Customers. They therefore apply to any order (hereinafter the "Order") for Products placed on the Website by the Customer.
The Customer declares to have read and accepted these GTC before placing their Order.
The validation of the Order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Website on the date the Order is placed.
The Customer selects the Products they wish to purchase, and can access the summary of their order at any time before confirming it.
For any new order, the Customer must create an account on the Website manually or by using the "Facebook Connect" function. It is the Customer's responsibility to maintain the confidentiality and security of their Website login credentials. The Customer must immediately inform the Company of any unauthorized use of their credentials. The Company cannot be held responsible for any loss or damage resulting from the Customer's inability to protect their credentials.
The Customer confirms their order after having entered their delivery information, their delivery method, and their payment information. A clear and legible payment mention will appear on the order confirmation screen to ensure that the Customer explicitly acknowledges their obligation to pay for the order.
The Company sends an order confirmation by email to the Customer, detailing the summary of their order. The sending of this confirmation email formalizes the contractual commitment between the Company and the Customer.
Prices are indicated on the Website in the Product descriptions, in euros, excluding tax and including all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates their Order, enters and validates their delivery and, if applicable, billing details, and proceeds to payment.
The Order of Products on the Website is payable in euros. The entire payment must be made on the day of the Order by the Customer, by credit card or Paypal payment, except for specific sales conditions expressly accepted by the Customer and the Company.
In the case of credit card payment, the Website uses the Société Générale security system, a specialist provider in secure online payments. This system guarantees the Customer the complete confidentiality of their banking information. The credit card banking transaction, carried out between the Customer and the secure system, is therefore entirely encrypted and protected.
The Customer guarantees to the Company that they have the necessary authorizations to use the payment method 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 stage of execution, in the event of non-payment or partial payment of any sum due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the site and the payment of an Order.
Product availability indications are provided at the time of order placement.
Errors or modifications may exceptionally occur, particularly in the event of a stockout at a Company supplier due to too many orders for the same Product.
In the event of product unavailability after an order is placed, the Company will inform the Customer as soon as possible, offering either to order another Product or to cancel the order.
The countries to which Products can be delivered are Metropolitan France or the countries indicated on the Website when placing the Order. Outside these delivery zones, the Company will be entitled to refuse the order or accept it after estimating the shipping costs associated with this delivery.
The Company endeavors to deliver the Products within 5 days from the date of the order. In the event of a delivery delay due to unforeseen circumstances, the Company will inform the Customer of the additional delivery time required. Failing delivery within the agreed additional period, the Customer may cancel their order by sending a registered letter with acknowledgment of receipt, without being able to claim damages for this simple delivery delay.
The Customer must ensure that the information provided to the Company is correct and remains so until full receipt of the ordered Product(s). The Customer therefore undertakes to inform the Company of any change of contact details that may occur between the order by sending an email without delay to the customer service email address. Failing this, in case of delay and/or error, the Customer may in no case engage the Company's liability.
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.
If the customer does not pick up their package at the relay point and the package returns to ELEMENT VET, a cost of €4 will be requested for re-shipping.
- CUSTOMER SERVICE
For any request for information, clarification, or complaint, the Customer must first contact the Company's Customer Service, 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 am to 12 pm and from 2 pm to 5 pm using the following contact details:
- email: contact@element.vet
- mail: 300 avenue des Papèteries, 38190 Villard-Bonnot, France
Under the legal guarantee of conformity of articles L.211-4 et seq. of the Consumer Code, the Company undertakes, at the Buyer's choice, to refund or exchange defective Products or Products not corresponding to their order, provided that the Customer acts within a period of two (2) years from the delivery of the Product(s). The Buyer is exempt from providing proof of the existence of the conformity defect of the good during the twenty-four (24) months following the delivery of the good.
Under the legal warranty against hidden defects of article 1641 of the Civil Code, the Buyer has the choice between canceling the sale or reducing the selling price, in accordance with article 1644 of the Civil Code. If repair and replacement of the good are impossible, the buyer can return the good and have the price reimbursed or keep the good and have a part of the price reimbursed.
Independently of the legal guarantees 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 warranty implies that the ordered Product(s) must be returned in their original packaging and unused.
The return of the Product under the commercial warranty will result, depending on the case, in a replacement of the Product or a refund to the Customer, after verification of the returned Products. The customer must return the products as soon as possible and at their own expense.
The Customer undertakes to comply with the terms of these GTC.
The Customer undertakes to use the Website and the Products in accordance with the Company's instructions.
The Customer agrees that they will use the Website only for their personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
- Using the Website in any illegal manner, for any illegal purpose, or in any manner inconsistent with these GTC.
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Website, or decompiling, extracting, disassembling, modifying, displaying in a readable format for the Customer, attempting to discover any source code, or using any software enabling or including all or part of the Website.
- Attempting to gain unauthorized access to the Website's computer system or engaging in any activity that disrupts, diminishes the quality of, or interferes with the performance or impairs the functionality of the Website.
- Using the Website for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Website.
- Infringing the intellectual property rights of the Company and/or reselling or attempting to resell the Products to third parties.
- Denigrating the Website 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 GTC, the Company may at any time, and at its sole discretion, delete their access to the Website and take all measures including any civil and criminal legal action against them.
In accordance with articles L.121-18 et seq. of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Website to exercise their right of withdrawal with the Company, without having to give reasons or pay a penalty.
To exercise their right of withdrawal from the Order, the Customer must notify their decision of withdrawal by means of an unambiguous statement, without providing reasons. The Customer can communicate their decision of withdrawal to the Company by any means, in particular by sending it by mail to the Company at the following address: 82 Avenue Aristide Berges, Villard-Bonnot, France or by email to contact@element.vet.
The Customer may also use the withdrawal form reproduced at the end of these GTC. Once completed, the withdrawal form, acting as a declaration of withdrawal, can be sent directly to the Company by clicking on the send icon provided for this purpose. The Customer may also use the withdrawal form reproduced at the end of these GTC.
In the event of notification to the Company by the Customer of their decision to withdraw, regardless of the means used, the Company will send them 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 in which they were received, and with all packaging elements, accessories, and instructions (even if the Product(s) has or have been unboxed), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address: 300 avenue des Papèteries, 38190 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 return/withdrawal, in order to help the Company improve its service.
In case of Customer withdrawal, the refund of the Product(s) subject to 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 expressly agrees to a different means. In any case, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and at the latest 14 days from the day the Company is informed of the Customer's decision to withdraw their Order.
In accordance with article L.221-23 of the Consumer Code, the Customer is informed that their liability to the Company is only engaged for a depreciation of the Product(s) returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of this or these goods.
Subscription Cancellation: The customer can cancel their product subscription. They must make the request by email to contact@element.vet 72 hours before the confirmation email for the recurrence of this order. If this deadline is not met, the cancellation will take effect on the next delivery.
The Company implements all appropriate measures to ensure that the Customer receives quality Products under optimal conditions. However, it cannot under any circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure.
The Website 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 in any way be held responsible, in any manner whatsoever, if the Customers' computer equipment or email system rejects, for example due to an anti-spam, emails sent by the Company.
Before using the Website, the Customer must ensure that they have the technical and IT means to use the Website and order the Products from the Website, and that their browser allows secure access to the Website. The Customer must also ensure that the computer configuration of their hardware/equipment is in good condition and does not contain viruses.
The Company attaches great importance to respecting privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the provision of Products, the Company collects personal data from Customers, including the following data:
- Email address
- First name
- Last name
- Postal address and delivery address
- Date of birth
- Country
- Password
For this purpose, the processing of Customer data is declared to the CNIL under number 2039370.
The Company collects and processes Customers' personal data for the following purposes:
- Provision of Products and services on the Website;
- Order management;
- Management of returns, exercise of the right of withdrawal, payment, invoicing, etc.;
- Information on the Company, its services, and its activities;
- Answering Customers' possible questions/complaints;
- Preparation 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 duration as defined by the French 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, where appropriate, be transmitted to partner companies after being anonymized, making it impossible for a partner company to identify the Customer.
The Company may also disclose personal data to cooperate with administrative and judicial authorities.
The Company ensures the adequate and appropriate security of Customers' personal data and has taken useful precautions to preserve the security and confidentiality of data and in particular to prevent them 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 Website, the Company collects the Customer's IP address to analyze traffic on the Website and monitor the Customer's activity on the Website to ensure that they do not perform acts likely to harm the General Terms and Conditions of Sale on the Website.
Finally, in accordance with the Data Protection Act of January 6, 1978, Customers have a right of access, rectification, deletion, and 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.
In the context of the use of the Website by Customers, the Company may use cookies.
In accordance with CNIL deliberation n° 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information which is stored in the memory of their computer equipment. This information is used to improve the use and operation of the Website as well as the Company's other services. An alert message asks each person visiting the Website, beforehand, if they wish to accept cookies. These cookies do not contain confidential information concerning Customers.
The Customer visiting the Website's homepage will be informed of:
- the precise purposes of the cookies used;
- the possibility of objecting to these cookies and changing the settings by clicking on a link in the banner;
- and the fact that continuing their navigation implies agreement to the deposit of cookies on their terminal.
To guarantee the Customer's free, informed, and unambiguous consent, the banner will not disappear until they have continued their navigation.
Unless the Customer's prior consent is obtained, the deposit and reading of cookies will not be carried out:
- if the Customer visits the Website (homepage or directly to another page of the Website) and does not continue their navigation: a simple absence of action cannot indeed be assimilated to a manifestation of will;
- or if they click on the link in the banner allowing them to set cookie preferences and, if applicable, refuse the deposit of cookies.
The Customer can deactivate cookies by changing their browser settings. The Customer is reminded that the settings may modify the conditions for accessing content and services requiring the use of cookies. If the Customer's browser is configured to refuse all cookies, they may not be able to enjoy some of the services offered by the Company on the Website.
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=fr;
For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies;
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.
All elements of this Website and the Website itself are protected by copyright, trademark law, design and model rights, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.
The name and brand of the Company, the logos, designs and models, stylized letters, figurative marks, and all the signs represented on this Website are and shall remain the exclusive property of the Company.
No title or right of any kind to any element or software will be obtained by downloading or copying elements from this Website. The Customer is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Website and the elements and software it contains, nor modifying them or performing any work based on them, nor selling or participating in any sale related to this Website, the elements of this Website, or any associated software.
The Company grants the Customer a non-exclusive license to use the Website. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Website.
Any use by the Customer of corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited unless with the express prior consent of the Company.
By checking the box provided for this purpose or by expressly giving their consent for this purpose, the Customer accepts that the Company may send them, at a frequency and in a form determined by the Customer, a newsletter that may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Website to place the Order, they agree to receive commercial offers from the Company for Products similar to those ordered.
Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
These GTC are governed by and interpreted in accordance with French law, without regard to conflict of law principles.
In the event of a dispute arising from the interpretation and/or execution of these or in connection with these GTC, 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 visit the European consumer dispute resolution platform set up by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Customer wishes to refer the matter to a court, the rules of the Code of Civil Procedure will apply.
WITHDRAWAL FORM
To ELEMENT VET 82 Avenue Aristide Berges, Villard-Bonnot, France
I hereby notify you of my withdrawal from the contract for the sale of the Product or the
Product reference:
___________________________________________________________________________
Invoice N°: [_________________________________]
Ordered on [____________]*/received on [________________]*
Payment method used: __________________________
Name of the Customer and, if applicable, the beneficiary of the order:
________________________________________________
Customer address:
_________________________________________________________________________________
Delivery address: _________________________________________________________________________________
Date: [__________________]
Customer signature (except for email transmission)
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