Terms of Sale and Right of Withdrawal

Online General Terms and Conditions of Sale – ELEMENT VET

WITHDRAWAL FORM

For the attention of ELEMENT VET, 300 av des Papèteries, 38190 Villard-Bonnot, France

I hereby give notice of my withdrawal from the contract for the sale of the Product or of the

Product reference:

___________________________________________________________________________

Invoice no.: [_________________________________]

Ordered on [____________]*/received on [________________]*

Means of payment used: __________________________

Name of the Customer and, where applicable, of the recipient of the order:

________________________________________________

Customer's address:

_________________________________________________________________________________

Delivery address: _________________________________________________________________________________

Date: [__________________]

Customer's signature (except where sent by email)

These general terms and conditions of sale are up to date as at 1er February 2023

LEGAL NOTICE

You will find the full legal notice right here: I am reading the legal notice.

APPLICATION AND ENFORCEABILITY OF THE TERMS

The purpose of these Terms is to define all the conditions under which the Company sells the Products offered for sale on the Site to Customers. They therefore apply to any order (hereinafter the “ Order ”) for Products placed on the Site by the Customer.

The Customer declares that they have read and accepted these Terms before placing their Order.

Validating the Order therefore constitutes acceptance of these Terms. These are updated regularly; the applicable Terms are those in force on the Site on the date the Order is placed.

ORDERING PRODUCTS ON THE SITE

The Customer selects the Products they wish to buy, and can access the summary of their order at any time before confirming it.

For each new order, the Customer must create an account on the Site manually or using the “Facebook Connect” function. It is the Customer's responsibility to maintain the confidentiality and security of their Site login credentials. The Customer must inform the Company immediately of any unauthorised use of their credentials. The Company may not be held liable for any loss or damage resulting from the Customer's failure to protect their credentials.

The Customer confirms their order after entering their delivery information, their delivery method and their payment information. A clear and legible payment statement appears 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, setting out the elements of the order summary. Sending this confirmation email formalises the contractual commitment between the Company and the Customer.

PRICE AND PAYMENT TERMS FOR THE ORDER

Prices are shown on the Site in the Product descriptions, in euros, exclusive of tax and inclusive of all taxes.

The total amount is shown in the Order summary, before the Customer accepts these Terms, validates their Order, enters and confirms their delivery and, where applicable, billing details, and proceeds to payment.

Orders for Products on the Site are payable in euros. Payment must be made in full on the day of the Order by the Customer, by bank card or Paypal, save for special conditions of sale expressly accepted by the Customer and the Company.

For payment by bank card, the Site uses the Shopify Payments security system, a provider specialising in securing online payments. This system guarantees the Customer complete confidentiality of their banking details. The card transaction between the Customer and the secure system is therefore fully encrypted and protected.

The Customer warrants to the Company that they hold the necessary authorisations to use the means of payment chosen when placing the Order.

The Company reserves the right to suspend or cancel any performance and/or delivery of an Order, whatever its nature and stage of performance, in the event of non-payment or partial payment of any sum 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 payment of an Order.

AVAILABILITY AND DELIVERY
Availability of the Products

Availability information for the Products is provided at the time the order is placed.

Errors or changes may occur exceptionally, in particular where a Company supplier is out of stock because of an unusually high number of orders for the same Product.

In the event that a Product is unavailable 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.

Delivery of the Products

The countries to which the Products may be delivered are mainland France and the countries shown on the Site at the time the Order is placed. Outside these delivery zones, the Company shall be entitled to refuse the order or to accept it after estimating the associated shipping costs.

The Company endeavours to deliver the Products within 5 days of the order being placed. In the event of a delay in delivery due to unforeseeable circumstances, the Company shall inform the Customer of the additional delivery time required. Failing delivery on expiry of the agreed additional period, the Customer may cancel the order by sending a registered letter with acknowledgement of receipt, without being entitled to claim damages on the sole ground of that delay in delivery.

The Customer must ensure that the information provided to the Company is correct, and that it remains so until the ordered Product or Products have been fully received. The Customer therefore undertakes to inform the Company of any change of contact details that may occur after the order, by sending an email without delay to the customer service email address. Failing this, in the event of delay and/or error, the Customer may under no circumstances hold the Company liable.

Nor shall the Company be liable if non-receipt and delivery of the Products is due to an unforeseeable and insurmountable event, that is, to a case of force majeure.

If the customer does not collect their parcel from the pickup point and the parcel is returned to ELEMENT VET, a charge of €4 will be made for re-dispatch.

Subscription: to benefit from the best product price (by subscription), two deliveries must take place; cancellation will only be possible after 2 orders, according to the frequency chosen by the customer.

CUSTOMER SERVICE

For any request for information or clarification, or for any complaint, the Customer must first contact the Company's Customer Service, so that it may try to find a solution to the problem.

The Company's Customer Service is available Monday to Friday, 8 am to 12 noon and 2 pm to 5 pm, using the following contact details:

email: contact@element.vet
post: 300 avenue des Papèteries, 38190 Villard-Bonnot, France

LEGAL AND COMMERCIAL WARRANTIES
Legal warranties

Under the legal warranty of conformity provided by articles L.211-4 et seq. of the French Consumer Code, the Company undertakes, at the Buyer's choice, to refund or exchange Products that are defective or do not correspond to the order, provided the Customer acts within two (2) years of delivery of the Product or Products. The Buyer is exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

Under the legal warranty against hidden defects provided by article 1641 of the French Civil Code, the Buyer has the choice between rescission of the sale and a reduction of the sale price, in accordance with article 1644 of the Civil Code. If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.

Commercial warranty

Independently of the legal warranties set out above, the Products are warranted for one month from their delivery.

The Customer acknowledges that exercising the commercial warranty requires the ordered Product or Products to be returned in their packaging and unused.

Returning the Product under the commercial warranty will give rise, as the case may be, to replacement of the Product or to a refund to the Customer, after checking the returned Products. The customer must return the products as quickly as possible and at their own expense.

CUSTOMER'S OBLIGATIONS

The Customer undertakes to comply with the terms of these Terms.

The Customer undertakes to use the Site and the Products in accordance with the Company's instructions.

The Customer agrees to use the Site only for personal use, in accordance with these Terms. In this respect, the Customer agrees to refrain from:

Using the Site in any unlawful manner, for any unlawful purpose, or in any manner incompatible with these Terms.
Selling, copying, reproducing, renting, lending, distributing, transferring or sub-licensing all or part of the content on the Site, or decompiling, extracting, disassembling, modifying or displaying it in a form readable by the Customer, attempting to discover any source code, or using any software enabling or containing all or part of the Site.
Attempting to obtain unauthorised access to the Site's computer system, or engaging in any activity that disrupts, degrades or interferes with the performance of the Site or impairs its functionality.
Using the Site abusively by deliberately introducing viruses or any other malicious program, and attempting to gain unauthorised access to the Site.
Infringing the Company's intellectual property rights and/or reselling or attempting to resell the Products to third parties.
Disparaging the Site and/or the Products, or the Company, on social media or by any other means of communication.

If, for any reason, the Company considers that the Customer is not complying with these Terms, the Company may at any time, and at its sole discretion, remove their access to the Site and take any measures, including civil and criminal legal action, against them.

RIGHT OF WITHDRAWAL

In accordance with articles L.121-18 et seq. of the French Consumer Code, the Customer has 14 clear days from receipt of the last Product ordered on the Site to exercise the right of withdrawal with the Company, without having to give reasons or pay a penalty.

Based on article L221-28 of the French Consumer Code, for example:

“In accordance with article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised for products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection, in particular opened supplements and care products.”

To exercise the right of withdrawal from the Order, the Customer must notify the decision to withdraw by means of an unambiguous statement, without giving reasons. The Customer may communicate the 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 may also use the withdrawal form reproduced at the end of these Terms. Once completed, the withdrawal form constituting the decision to withdraw may be sent directly to the Company by clicking the send icon provided for that purpose. The Customer may also use the withdrawal form reproduced at the end of these Terms.

Where the Customer notifies the Company of the decision to withdraw, by whatever means, the Company will send an acknowledgement of receipt of the withdrawal without delay on a durable medium (in particular by email).

The Customer must return the Product or Products in the same condition as received, and with all packaging elements, accessories and instructions (even if the Product or Products have been unpacked), as soon as possible and at the latest within 14 days of notifying 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 or Products.

The Customer is invited to state the reason for the return or withdrawal, in order to help the Company improve its service.

Where the Customer withdraws, the refund of the Product or Products covered by the right of withdrawal is made by the Company using the same means of payment as that used for the original transaction, unless the Customer expressly agrees to a different means. In any event, this refund will incur no cost for the Customer. The refund is made as soon as possible, and at the latest 14 days from the day on which the Company is informed of the Customer's decision to withdraw from the Order.

In accordance with article L.221-23 of the French Consumer Code, the Customer is informed that liability towards the Company arises only for any depreciation of the Product or Products returned following exercise of the right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of those goods.

Subscription cancellation: the customer may cancel a subscription to a product; they must request this by email to contact@element.vet 72 hours before the confirmation email for the recurrence of that order. If this deadline is not met, the cancellation will take effect at the following delivery.

LIABILITY

The Company takes every measure appropriate to ensure the Customer is supplied with quality Products under optimal conditions. It may not, however, 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 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 may not be held liable for the operation, the content or any element present on or obtained through those sites.

It is expressly stipulated that the Company may under no circumstances be held liable, in any way whatsoever, should Customers' computer equipment or email system reject, for example through a spam filter, the emails sent by the Company.

Before any use of the Site, the Customer must ensure that they have the technical and computing means to use the Site and to order the Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the computer configuration of their equipment is in good working order and free from viruses.

PERSONAL DATA

The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.

In connection with the supply of the Products, the Company collects Customers' personal data, in particular the following data:

- Email address

- First name

- Surname

- Postal address and delivery address

- Date of birth

- Country

- Password

To that end, the processing of Customers' data is declared to the CNIL under number 2039370.

The Company collects and processes Customers' personal data for the following purposes:

Supply of the Products and services on the Site;
Order management;
Management of returns, exercise of the right of withdrawal, payment, invoicing and so on;
Information about the Company, its services and its activities;
Response to any questions or complaints from Customers;
Compilation of statistics;
Handling of requests to exercise rights of access, rectification and objection;

Data relating to the management of Customers' personal data is kept for the strictly necessary period as defined by the French Data Protection Act as amended.

Customers' personal data is processed by the Company's sales department and by the Company's partner companies and subcontractors. Where appropriate, it may be passed to partner companies after being anonymised, making it impossible for a partner company to identify the Customer.

The Company may also disclose personal data in order to cooperate with administrative and judicial authorities.

The Company ensures that Customers' personal data is secured adequately and appropriately and has taken the necessary precautions to preserve the security and confidentiality of the data, in particular to prevent it from being distorted, damaged or disclosed to unauthorised persons.

Every computer connected to the Internet has an IP address. Whenever a Customer browses the Site, the Company collects the Customer's IP address in order to analyse traffic on the Site and monitor the Customer's activity on the Site, so as to ensure that they do not carry out acts liable to breach the General Terms and Conditions of Sale appearing on the Site.

Finally, in accordance with the French Data Protection Act of 6 January 1978, Customers have a right of access, rectification and erasure, and a right to object on legitimate grounds 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.

COOKIES AND STATISTICAL TOOLS

In connection with Customers' use of the Site, the Company may use cookies.

In accordance with CNIL deliberation no. 2013-378 of 5 December 2013, the Company also informs Customers that cookies record certain information which is stored in the memory of their computer equipment. This information serves to improve the use and operation of the Site and the Company's other services. An alert message asks each person visiting the Site, beforehand, whether they wish to accept cookies. These cookies contain no confidential information about Customers.

A Customer arriving on the home page of the Site will be informed:

of the precise purposes of the cookies used;

of the possibility of objecting to these cookies and changing the settings by clicking a link in the banner;

and of the fact that continuing to browse constitutes agreement to cookies being placed on their device.

To guarantee the Customer's free, informed and unambiguous consent, the banner will not disappear until they have continued browsing.

Save with the Customer's prior consent, cookies will not be placed or read:

if the Customer comes to the Site (home page or directly to another page of the Site) and does not continue browsing: a mere absence of action cannot be treated as an expression of intent;

or if they click the link in the banner allowing them to set their cookie preferences and, where applicable, refuse the placing of cookies.

The Customer can disable cookies by changing their browser settings. The Customer is reminded that these settings may change the conditions of access to content and services requiring the use of cookies. If the Customer's browser is set to refuse all cookies, they may be unable to use 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=fr;

For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies;

For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.

INTELLECTUAL PROPERTY

All the elements of this Site, and the Site itself, are protected by copyright, trade mark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

The name and trade mark of the Company, the logos, designs and models, stylised lettering, figurative marks and all signs shown on this Site are and shall remain the exclusive property of the Company.

No title or right of any kind to any element or software shall be obtained by downloading or copying elements of this Site. The Customer is expressly forbidden to reproduce (other than for personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete or add to this Site and the elements and software it contains, or to modify them or carry out any work based on them, or to sell or take part in any sale relating to this Site, the elements of this Site or any software relating thereto.

The Company grants the Customer a non-exclusive licence to use the Site. This licence is strictly personal and may under no circumstances be assigned or transferred to any third party. The licence is granted for the duration of use of the Site.

Any use by the Customer of the company names, trade marks and distinctive signs belonging to the Company is strictly prohibited save with the express prior agreement of the Company.

NEWSLETTER

By ticking the box provided for that purpose or expressly giving consent to that end, the Customer accepts that the Company may send them, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to its activity.

When the Customer ticks the box provided for that purpose in the registration process on the Site in order to place the Order, they agree to receive commercial offers from the Company for Products similar to those ordered.

Subscribed members may unsubscribe from the newsletter by clicking the link provided for that purpose in each newsletter.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with French law, without regard to conflict-of-law principles.

In the event of a dispute arising in connection with the interpretation and/or performance of these Terms, or in relation to these Terms, 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 may visit the European online dispute resolution platform set up by the European Commission at the following address, which lists all the dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails, or if the Customer wishes to bring proceedings, the rules of the French Code of Civil Procedure will apply.