Anima-care.fr is a web platform, accessible at www.anima-care fr (the “Site”) operated by Anima Care, a simplified joint stock company with variable capital and a floor capital of €189,000, whose registered office is located at 7, villa Seurat in Paris (75014), listed with the Paris Trade and Companies Registry under ID number 838 768 356, intra-community VAT number FR47838768356 (the “Seller”).
On the Site, the Seller offers for sale various veterinary products (the “Item(s)”) that any user of the Site, in satisfying the corresponding eligibility conditions, may purchase online (the “Customer(s)”).
These General Terms and Conditions of Sale apply to all sales of Items concluded by the Seller with Customers, without restriction or reservation and to the exclusion of all other terms and conditions. The terms are in place to govern the contractual relationship thereof. They specify in particular the terms regarding the ordering, payment, delivery and management of returns of Items ordered by the Customer. The Customer acknowledges that he/she has the capacity to contract and acquire the Items, and hereby declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box prior to confirming the online order.
Article 1 – The Items
The main characteristics of the Items, which the Customer is required to understand prior to placing an order, are provided on the Site. The photographs and graphics presented on the Site, in particular those depicting the Items, are not binding and the Seller assumes no liability thereof. The Items offered are subject to availability as specified by the Seller at the time of ordering and are available for sale in the special territories of the European Union. If an order is placed for delivery outside of mainland France, the Customer will be the importer of those Items. Customs duties, other local taxes, import duties or state taxes may then be payable and will be the sole responsibility of the Customer.
Article 2 – Orders
2.1. Conditions of eligibility The Customer hereby declares and guarantees to the Seller, prior to placing any orders, that:
- I am a professional or business person pursuant to the definition of the French Consumer Code and I am placing an order on the Site for professional or business reasons only;
- I have fully read and understood the present terms and conditions and its annexes;
- I have received all the information necessary to make an informed decision;
- that the conclusion of the order does not constitute a violation of (i) my articles of association or any contractual obligation or any law or regulation applicable to me, (ii) a decision of a court of law or an arbitration tribunal (which would have been served prior to the date hereof) or (iii) a decision of an administrative, judicial or regulatory authority (which would have been served prior to the date hereof);
- that I am not in a state of insolvency or subject to a procedure for the prevention and management of business difficulties provided for in Book VI of the French Commercial Code or any similar or equivalent measure or procedure under the current law; and
- that the conclusion of the order constitutes a valid and enforceable obligation towards the Customer.
2.2. Order confirmation
The selection and purchase of an Item is the sole responsibility of the Customer, and it is also the Customer’s responsibility to ensure the order is correct and to report any errors immediately. The sale will not be considered final until the Seller has sent the Customer email confirmation that the order has been accepted.
Article 3 – Pricing
Items are sold at the prices in force on the Site at the time the order is placed by the Seller. Prices are expressed in euros and are exclusive of tax (in addition to any tax mentioned in the last paragraph of Article 1). Prices take into account any discounts that may be offered by the Seller on the Site. Prices are fixed and are not subject to change during their period of validity as indicated on the Site. The Seller reserves the right to modify the prices at any time at its discretion outside the period of validity. Prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition under the terms indicated on the Site and calculated before the order is placed. The payment the Customer makes will be for the full amount of the purchase, including these additional costs and any applicable taxes. An electronic invoice will be sent by the Seller to the Customer when the order is placed.
Article 4 – Terms of Payment
Orders are payable via by secure payment by debit card (Visa, MasterCard, American Express), bank transfer and cheque. All payment data are encrypted. The Seller will not be required to deliver the Items ordered by the Customer if the latter has not paid the price in full in accordance with the terms indicated above. Payments made by the Customer will not be considered final until the Seller is in receipt of the sums due. Furthermore, in the event of non-compliance with the aforementioned payment terms, the Seller reserves the right to suspend or cancel the delivery of the orders placed by the Customer.
Article 5 – Deliveries
5.1. Place of delivery
Items ordered by the Customer will be delivered to an address indicated by the Customer at the time of ordering, within mainland France and to the special territories mentioned in the third paragraph of Article 1. Except in special cases or when one or more Items is unavailable, items will be dispatched as a single delivery. Deliveries are made by independent carriers to the address given by the Customer when ordering, which will be accessible to the carrier. The Customer is hereby informed that carriers do not guarantee that orders will be delivered to the Customer’s door. In any event, the carrier is required to deliver the order to a natural person nominated by the Customer against a signature. The carrier is unable leave packages unattended. In accordance with the provisions of Articles L. 216-1 and L. 216-4 of the French Consumer Code, delivery and risk of loss or damage of the Items is constituted by the transfer to the Customer or to a third party nominated by the Customer of the physical possession or control of the Item.
5.2. Delivery costs
The order includes delivery costs calculated according to the address given by the Customer and the delivery method chosen at the time of ordering. If a Customer makes a particular request regarding the packaging or transport of the Items ordered, if accepted by the Seller, the related costs will be invoiced additionally.
5.3. Delivery times
The processing and delivery times specified on the Application and/or when placing the order are a guide only. However, if the order has not been delivered within 30 days after the indicated delivery date, for any reason other than force majeure or the fault of the Customer, the Customer may request the cancellation of the sale in writing, under the terms of Articles L. 216-2, L. 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned no later than fourteen days after the date of termination of the agreement, excluding any compensation or deductions. The Seller will not be liable for any delay to the delivery of the order or for the payment of any damages to the Customer as a result of this.
If the Customer observes any damage or discrepancies regarding Items when they arrive, the Customer must add a detailed account of the damage or discrepancy on the delivery slip, date and sign it, and provide notification thereof to the carrier and the Seller within 24 hours. Failing this, the Items will be deemed to be in good condition and any claim by the Customer to the contrary will not be considered. It is expressly agreed that, where applicable, the digital signature from the Customer or the nominated recipient on a personal digital assistant (PDA) presented by the carrier at the time of delivery shall be deemed authentic and may be reasonably used by the carrier as proof thereof during any proceedings. Where the Customer chooses their own carrier, the delivery will be considered complete when the Items have been handed over by the Seller to the carrier in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the French Consumer Code. The Customer acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event such Items are not delivered.
Article 6 – Cancellation period
In accordance with the legal provisions in force, the Customer, a professional or business person pursuant to the definition of the French Consumer Code, has no recourse to a cancellation period. All orders placed by the Customer will be considered final and may not be cancelled.
Article 7 – Guarantee – Responsibilities of the Seller
The Articles sold by the Seller benefit by right and without additional payment from the legal guarantee regarding hidden defects mentioned in Articles 1641 to 1648 of the French Civil Code that render an Item unsuitable or of a quality the Customer would not have purchased or would not have purchased for the same price had they been aware. The Seller will not be held liable in the event of non-compliance with the legislation of the country in which the Items are delivered, in the event of misuse, use for professional or business purposes, negligence or lack of maintenance on the part of the Customer, for normal wear and tear of the Item, or in the event of an accident or force majeure. In the event of a hidden defect, the Customer has the option of returning the Item for a full refund or keeping the Item for a partial refund, the amount of which will be determined by subject matter experts.
Article 8 – Data Protection
Article 9 – Intellectual Property
The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 10 – Applicable law – Language
These General Terms and Conditions and the operations arising therefrom between are governed by and subject to French law. In the event of their translation into one or more other languages, only the French-language text will prevail in the event of a dispute.
Article 11 – Disputes
In the event that a dispute relating to the validity, performance or interpretation of this Agreement is brought before the civil courts, it will be subject to the exclusive jurisdiction of the Commercial Court of Paris to which jurisdiction is expressly granted. The Customer is hereby informed that they may use conventional mediation or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.