Terms of Sales
General conditions of sale
1. OBJECT
These general conditions of sale apply without restriction or reservation to all online sales offered by the company Endemik Sas on the website www.petdesign.fr (hereinafter: the "Site "). Endemik Sas offers for sale to Buyers (hereinafter: "Buyers") products for pets (hereinafter: "Products"). The purpose of these general conditions is to define the terms and conditions for the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site. They prevail over all other general or specific conditions, in particular of purchase, not expressly approved by Endemik Sas. They may be supplemented, if necessary, by conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. IDENTITY OF THE SELLER AND CONTACT
The Site is edited and operated by the company Endemik Sas. Simplified joint-stock company with capital of 100 euros Head office 3 rue Jean Gabin 47480 Pont du Casse Telephone number 06 73 25 93 50 E-mail address contact@petdesign.fr RCS d'AGEN N ° 813 630 886 SIRET 81363088600014 Number of Intracommunity VAT: FR 93 813 630 886
3. ACCEPTANCE OF GENERAL CONDITIONS
The Buyer declares, prior to his order, that he has full legal capacity allowing him to commit himself under these General Conditions. Its acceptance of these is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site
4. AVAILABILITY OF SERVICES
The Services of the Endemik Sas site are normally accessible by the customer 24 hours a day, 7 days a week and all year round except in the event of voluntary or involuntary interruption, regardless of the cause. In particular, this could be maintenance. Endemik Sas cannot be held responsible for any physical, material or moral damage caused by the unavailability of the site (s).
5. PRODUCT FEATURES
Before any order, the Company recommends that the Purchaser read, on the Site, the advice for use, nutritional information, instructions for use and contraindications for each Product that he wishes to order. The Company is not responsible and cannot reimburse the Product in the event of an allergy to any component displayed on the Site. The labeling and advertising of all the Products sold comply with the standards in force on French territory and with Community legislation. The Company recommends that the Purchaser strictly comply with the recommendations for use, the precautions for use and the contraindications of the Products, appearing on the Site and on the products themselves. The Products are offered for sale within the limits of available stocks. The photographs, representations and descriptions of the Products on the Site are as precise as possible. They only bind the Company for what is specifically indicated.
6.COMMAND
61 PLACING THE ORDER
To place an order, the Buyer must select the Products of his choice and place them in his basket. He can access the summary of his basket at any time, as long as the order has not been definitively validated and can correct any errors in the items entered. As part of his order, the Buyer is invited to provide his contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all of the required information cannot be processed. The Buyer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not vitiated by any misleading nature. He is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.
6.2 CREATION OF ACCOUNT
The Buyer is offered the possibility of creating an account through a third-party account or by entering a password (hereinafter: the "Account"), which allows the Buyer, when placing subsequent orders on the Site, to access a pre-filled order form with the contact details provided. He undertakes to update this information in the event of changes (in particular: change of address). The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact the Company at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the Company's right to take all appropriate measures in such a case. When you register for any part of the Website, these Terms of Sale apply. The Purchaser must provide us with true and correct data upon registration and confirm that he is over 18 years of age. He must keep confidential the username and password assigned to him, and the Company is entitled to assume that the Purchaser is the person who uses this username and password. The Endemik Sas Company reserves the right to close user accounts in the event that a user uses several user accounts with the aim of disrupting the Endemik Sas Community, measures may be taken with regard to one or all of its user accounts. If the Buyer accesses any part of this Website from a public computer (for example: university or public library) and does not log out, another person who would use that computer after you will be able to access the account. of the Buyer. The Company advises the Buyer to ensure that he is disconnected from all services when he has finished using a public computer. When the Buyer accesses this Website using a mobile device (eg phone or tablet) through an internet browser or an application, depending on the settings he has set up, he may remain connected on this device. This means that anyone who would access their device could access their account on the Site. The Purchaser must protect his device with a password, and if his device is lost or stolen, use the remote erase procedures (if available) to delete all his personal data from this device, and change the password. switch from his account to the SITE.
6.3 ORDER CONFIRMATION
At the end of his order, the Purchaser receives a confirmation thereof by email.The Purchaser must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the email confirming his order. thereof, the Purchaser must contact the Company at the coordinates mentioned in article 2. The Company recommends that the Purchaser keep the information contained in the order confirmation. The order and its confirmation are considered to be received when the parties to which they are addressed can have access to it.
7. PRICE AND TERMS OF PAYMENT
7.1 DISCOUNT CODES
Promotional discount codes applicable to all or certain specific purchases made on the website www.petdesign.fr may be offered at any time and according to the terms offered by Endemik Sas. The Company is not responsible for promotional codes found on sites other than Endemik Sas. A discount code cannot be used after placing an order. If the promotional code has expired, the Buyer will not be able to use it. If a promotional code is offered on the Endemik Sas website and does not function properly due to fraud, forgery, technical error or anything else beyond our control and which affects operation, administration, security and the clarity of the promotional code, the Endemik Sas Company reserves the right to cancel, modify or suspend it. Promotion codes are non-transferable and cannot be redeemed for cash. If the prospect receives a promotional code, it can only be used by him on his Endemik Sas account, for the reasons for which it was given to him. The code must be kept confidential and used only to place the prospect's own orders on this Site. The Buyer must not communicate it directly to third parties or make it available to others (for example, post on social networks or on a forum). If at the time of paying for an order or in retrospect, it is established that abuse of promotional codes in any way has been committed (for example, by selling these to others), we reserve the right to cancel the promotional code and / or suspend or close the account in question without warning in advance.
7.2 PRICES
In the context of an online order, the prices of sale of Products are indicated on the Site. They are indicated in euros, all French taxes included (French VAT and other applicable taxes). They do not include any delivery costs applicable to the Products shipped, invoiced in addition to the price of the Products purchased, in accordance with the terms set out in Article 7.3. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer. Note: Outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to the Company. These duties and taxes, of which the Company cannot determine the exact amount in advance and of which it cannot therefore inform the Purchaser prior to his order, remain the responsibility of the Purchaser, who is solely responsible for the voucher. completion of any declarations and / or related formalities. The applicable price is that displayed on the Site when the Buyer's order is recorded.
7.3 TERMS OF PAYMENT
The full price of Products and applicable delivery charges are payable when ordering.Their payment can be made online: - by credit card - by Paypal, - or by any other means that will be offered on the Site at the time of the order The Buyer guarantees the Company that he has the necessary authorizations to use the chosen payment method. The Company reserves the right to suspend or cancel any order and / or delivery, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud. Penalties of an amount equal to one and a half (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
7.4 “3X 4X WITH COSTS
Payment of your order in 3 or 4 installments by credit card from 100 € of purchases up to 3000 € with Oney Bank.
Our partner Oney Bank you offers a financing solution called 3x 4x
Oney, which allows you to pay your purchases from € 100 to € 3000 in 3 or 4 installments with your bank
card.
Conditions: This offer is reserved for individuals (adults)
residing in France and holders of a Visa and MasterCard bank card with a < br> validity date greater than
than the duration of the financing chosen. Systematic authorization cards, in particular
of the Electron, Maestro, Nickel etc ... type as well as e-cards, Indigo and American cards
Express are not not accepted.
Terms of subscription: After completing your order, all you have to do is click
on the "3x 4x Oney payment by credit card button".
You are then redirected to our partner's 3x 4x Oney web page displaying the
detailed summary of your order and the personalized financing request, that
you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account,
you identify yourself by means of the connection identifiers linked to your 3x 4x Oney account.
You read the general conditions of payment in several installments
to which you wish to subscribe which are you provided in PDF format so that you
can read, print, and save them before accepting them. You then notify
of your electronic acceptance by the corresponding checkbox.
You acknowledge that the "double click" associated with the checkbox on the socket of
knowledge of the general conditions constitutes consent to contract and constitutes
irrevocable and unreserved acceptance of the general conditions of the product.
Unless proven On the contrary, the data recorded by Oney Bank constitutes proof of
all the transactions between you and Oney Bank.
If you request to benefit from a financing solution offered by Oney Bank, the
information relating to your order will be transmitted to Oney Bank, which will use it
for the purposes of studying your application for the granting, management and recovery of credit.
Oney Bank reserves the right to accept or refuse your request for financing in
3x 4x Oney. You have a 14-day cooling-off period to give up your credit.
Operation: Payment in 3 or 4 installments by credit card allows you to pay for the
order made on our merchant site as follows
- a mandatory contribution, debited on the day of confirmation of the shipment of your
order corresponding to a third or a quarter of the order, to which < br> are added costs corresponding to 1.45% of the total amount of the
order for a 3 time and to 2.2% for a 4 time (within the limit of 15 €
maximum for a payment in 3 installments and 30 € maximum for a 4 installment);
- two or three monthly installments, each corresponding to a third or a quarter
of the order, taken at 30 and 60 days after for the 3 time and at 30, 60
and 90 days after for the 4 time
● Payment in 3 installments from € 100 of purchase and up to € 3,000
Example: For a purchase of € 150, contribution of € 52.18 then 2 monthly payments
of € 50.
Credit for a period of 2 months at the fixed APR of 19.31%. Cost of financing: € 2.18 in
limit of € 15 maximum.
● Payment in 4 installments from € 100 of purchase and up to 'at 3000 €
Example: For a purchase of 400 €, contribution of 108.80 € then 3 monthly payments of 100 €.
Credit over 3 months at the APR fixed at 19.61%. Cost of financing: € 8.80 within the limit of € 30
maximum.
Oney Bank - SA with capital of € 51,286,585 - Headquarters: 34 avenue de Flandre 59170 CROIX
- RCS Lille Métropole 546 380 197 - Orias n °: 07 023 261 - www.orias.fr - Correspondence: CS
60006 - 59 895 Lille Cedex 9 - www.oney.fr
8. RESERVE OF OWNERSHIP
The Company retains full and entire ownership of the Products sold until the price has been fully collected.
9. PREPARATION OF THE ORDER
Most orders are dispatched within 1 to 3 days depending on the day the order is placed and payment is subject to payment. Packages are then generally delivered two days after shipment. The deadline may however vary depending on the offer. If all the products ordered are not in stock, the Endemik Company is authorized to make partial deliveries at its expense, if this measure is possible for the customer. In the event that the Endemik Company could not deliver the product ordered because it would not be delivered by its suppliers for reasons for which it could not be held responsible, the Endemik Company could withdraw from this contract. In this case, the Endemik Company will immediately inform the customer and offer him a comparable product. If no comparable product is available or if the customer does not wish this product to be delivered to him, the Endemik Company will immediately reimburse him for the amounts already paid.
10. DELIVERY
Products purchased on the Site are delivered only anywhere in the world (with the exception of fresh and frozen products which are only delivered in mainland France)
10. 1 Product deliveries are made to the address specified when ordering the Buyer as "delivery address" (which may be different from the billing address). Deliveries are accompanied by proper invoicing.The Purchaser must provide a certain number of mandatory and essential information for the completion of the transaction: • his name and first name, and where applicable, the name and first name of the person to be delivered if these are different; • the delivery address, which must be complete and detailed in order to allow and facilitate the delivery of Orders; and the billing address, if this is different from the delivery address, • a telephone number to contact him if necessary (compulsory in particular for deliveries outside French territory) Delivery will be made by a carrier approved by the Endemik Sas Company The shipping costs correspond to the Buyer's participation in the expenses incurred by the Endemik Sas Company (shipping, insurance or other costs) for the shipment of the product to the Buyer. They are determined on a flat-rate basis in relation to the value of the products ordered and are indicated at the time of the order for the various countries to which the orders can be delivered. The shipping costs may be modified according to the rates applicable by the carrier and will be indicated when ordering. The shipping costs applicable to the order are those specified when the order is placed.
10.2 Different delivery methods may be possible, depending on the categories of Products, their dimensions and their weights. The Buyer is informed when ordering the possible delivery methods for the Product (s) ordered and any costs corresponding to each of these methods. The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
10.3 A theoretical delivery time is indicated to the Buyer when finalizes his order or in the order confirmation email (this delivery occurs in principle within 15 (fifteen) working days of the order, unless otherwise specified in the confirmation email). In the event of a delay of more than 15 (fifteen) days compared to the delivery date announced in the order confirmation email, not justified by force majeure, and in the absence of receipt of the Products, the Buyer may denounce his order by registered letter with acknowledgment of receipt sent to the address mentioned in article 2 and obtain a full refund of the sums paid within 30 (thirty) days, to the exclusion of any other compensation. In the event of delivery of the products ordered, the buyer must return the said Product in its original unopened packaging and without any deterioration to the Company to obtain a full refund. Please note that delivery may be subject to postal delays or other events beyond the control of Endemik Sas. 10.2 The Buyer will be informed as soon as possible in the event of unavailability of the Product ordered. He can then obtain a full refund of the sums paid within 30 (thirty) days, to the exclusion of any other compensation.
10.5 Special case: frozen food
The customer agrees never to refuse a shipped package. Any cancellation or modification of an order must take place before shipping. A refusal of a package undermining the cold chain, no request for reimbursement or financial compensation could be claimed by the client of the Site.
10.6 Refusal on receipt:
in the event that the customer refuses the package upon receipt, the reimbursement will be reduced by a contribution to the shipping costs:
18 € TTC for
packages120 € TTC for
pallets
11.RECEPTION AND VERIFICATION OF THE ORDER
111 The buyer is responsible for the admissibility of his products. Deliveries of Endemik Sas products are delivered to the delivery address provided by the purchaser. The Buyer must check (or have the agent who receives the products in his name and on his behalf) check the apparent condition of the packaging of the products upon receipt, before signing the voucher given to him by the carrier. . In the presence of an apparent anomaly (damage, missing product, damaged package, broken products, etc.), the Purchaser or the agent must imperatively make specific reservations on the delivery slip: indication of the number of packages and / or products missing and / or damaged and detailed description of any damage (open or torn packaging, damaged or missing product). It is essential that the purchaser keeps the items in the condition in which they were delivered (that is to say with all their accessories, other parts received with the products in their original condition).
Refused on receipt:
in the event that the customer refuses the package upon receipt, the reimbursement will be reduced by a contribution to the shipping costs:
18 € TTC for
packages120 € TTC for
pallets
11.2 Special case: frozen food
For any complaint concerning the delivery of frozen food, the customer agrees to receive and control the entire package. In order to preserve the cold chain, all complaints must be made within one hour of receiving the order. While awaiting a response from the site's After-Sales Service, the customer agrees to store the entire delivery at -18 ° C, while isolating and identifying the merchandise to which the complaint relates. Any failure to follow these instructions will prevent reimbursement or possible financial compensation.
12. RIGHT OF WITHDRAWAL
In accordance with Article L. 221-5 of the Consumer Code, the Buyer has a period of 14 (fourteen) clear days from the date of receipt of the Products ordered. to retract without having to justify reasons or pay penalties, with the exception of return costs. To exercise this right, the Buyer must notify the Company of his intention to withdraw:
By writing an unambiguous declaration expressing his desire to withdraw, and to be sent by:
• e-mail to contact@petdesign.fr or,
• mail to the following postal address:
ENDEMIK SAS 3 rue jean gabin 47480 Pont du Casse
by attaching the duly completed and signed withdrawal form below:
For the attention of Endemik Sas Customer Service 3 rue jean gabin 47480 Pont du Casse
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) below :
Ordered on (*) / received on (*):
Order number **:
Name of the ) consumer (s):
Address of consumer (s):
Signature of consumer (s)
(only if this form is notified on paper):
Date:
(*) Cross out the unnecessary (**) The order number is available on your order confirmation email and on your account in the "My orders" insert.
The Endemik Sas Company asks the buyer to obtain proof of shipment for any package that he sends to the ENDEMIK SAS Company, and to send the package by Registered with Acknowledgment of Receipt or by mail with declaration of value Endemik Sas declines all responsibility in the event of loss or damage to the product during transport. . The Endemik Sas Company draws attention to the fact that it must take special care of the products. Indeed, the returned products will be checked and, in all cases, must be returned complete (that is to say with all their accessories, in their original condition). If the Purchaser has not taken care of the product, when in possession of it or when returning it, Endemik Sas reserves the right not to accept the return of the product. The Products must be returned to the Company in their original unopened packaging, with all their accessories, without any trace of use. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer will be reimbursed as soon as possible and at the latest within 30 (thirty) days of the date of receipt of the returned Products for the full amount paid for his order, less return costs. the right of withdrawal does not apply to:
• The provision of services fully performed before the end of the withdrawal period and whose performance has started after the express prior consent of the consumer and express waiver to his right of withdrawal.
• The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods liable to deteriorate or expire (fresh or frozen products ).
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after having been delivered and by their nature, are angels inseparably with other articles;
• The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader.
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
• The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
• Transactions concluded during a public auction .
• The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal. No order can be canceled outside of the exercise of the right of withdrawal as described above.
13. LEGAL GUARANTEES
The Buyer benefits from legal guarantees of non-compliance as well as hidden defects in the item sold. In accordance with the provisions of Article L.217-15 of the Consumer Code, the following articles are reproduced in full: Article L.217-4 of the Consumer Code: "The seller delivers goods in accordance with the contract and responds to defects of conformity existing at the time of issue.It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ”Article L.217-5 of consumer code: "The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "Article L.217-12 of the Consumer Code:" The action resulting from the lack of conformity lapses two years after delivery of the goods. "Article L.217-16 of the Consumer Code:" When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the warranty period that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "Article 1641 of the Civil Code:" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not use it. would not have acquired, or would have given a lower price, if he had known them. "Article 1648 paragraph 1 of the civil code:" The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. Likewise, and in accordance with article 3 of the Decree of 18 December 2014 relating to the information contained in the general conditions of sale in terms of legal guarantees, the Purchaser is informed of the following provisions: • He benefits from a period of two years from the delivery of the property to act; • He can choose between repairing or replacing the item, subject to the cost conditions provided for in article L. 211-9 of the consumer code; • It is not necessary to provide proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. • The legal guarantee of conformity applies regardless of any commercial guarantee granted. • The Buyer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the cancellation of the sale or a reduction in the price of sale in accordance with article 1644 of the civil code. If the Purchaser finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company at the contact details mentioned in article 2 hereof, indicating the nature of the defect, the non-conformity or the damage observed. The Company will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return.The Products must be returned to The Company in their original packaging, with all their accessories. They must be accompanied by a copy of the corresponding purchase invoice. Product returns that do not comply with the terms described above cannot be taken into account. The Company will carry out the necessary checks and offer the Buyer repair or replacement of the Product if possible. If repair or replacement of the Product is impossible, the Company will offer the Buyer to reimburse the full price paid for this Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 15 (fifteen) days of the date on which the Company informs him of the impossibility of repairing or replacing the Product.
14. RESPONSIBILITY
14.1 The Company undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Company cannot be held responsible for any temporary difficulties or impossibilities in accessing the Site which may be caused by circumstances outside it, force majeure, or even which may be due to disruptions to the telecommunications networks. The connection of any person to the Site is done under his full responsibility. It is the Buyer's responsibility to take all appropriate measures to protect their own data and / or software stored on their computer equipment against any attack.
14.2 The Company presents on its Site Internet products for sale as well as their detailed descriptions allowing to comply with Article L.111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products that he wishes to buy. Each product is accompanied by a description allowing the Customer to know the composition of the Products delivered; the photos and illustrations are, however, only indicative. In addition, indications relating to the weight of the ingredients may sometimes be communicated on the Website, and this also for information purposes. The Company cannot be held liable for any errors, inaccuracies or omissions in the information on the product offer posted on this site.
14.3 Certain information and characteristics concerning the products are given by the suppliers of the products used by the Company. The Company is in no way responsible for erroneous data transmitted by these suppliers. The Company cannot be held responsible for any hygiene defects caused by them.
14.4 The Company does not provide the Buyer with any guarantee as to the suitability of the Products for his needs, expectations, in particular in terms of taste or constraints.
14.5 The Company does not guarantee any result or effect as a result of the use of the Products. 14.6 The Company cannot be held responsible for the non-performance or delay in the performance of its obligations due to a case of force majeure or even total or partial disruptions or strikes, in particular of the postal services, carriers or means of communications. In any event, the liability that may be incurred by the Company hereunder is expressly limited to only proven direct damage suffered by the Buyer.
15.INTELLECTUAL PROPERTY
The Products as well as the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by all intellectual property rights or rights of database producers in force All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited and may be the subject of legal proceedings.
16. COMMUNICATION BETWEEN THE CUSTOMER AND ENDEMIK SAS
By becoming a user of the website, the Buyer acknowledges that the exchanges between him and the Endemik Sas Company will be mainly electronic (by email) except in the specific cases presented in these General Conditions or required by the law. In particular by registering on the site www.petdesign.fr, the Buyer expressly agrees to receive newsletters from Endemik Sas. The Buyer may, at any time, unsubscribe from newsletters by contacting customer service at this email address: contact@petdesign.fr In particular, the Buyer expressly accepts that invoices will be sent to him by email. The Purchaser recognizes contractually that the information, notifications and contracts are in full agreement with the regulations in force. It is understood between the parties that the choice of mode of exchange constitutes an agreement on proof within the meaning of Article 1316-2 of the Civil Code.
17. PROHIBITED BEHAVIORS
17.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company's systems, ( iii) any misappropriation of the Site's system resources, (iv) all actions likely to impose a disproportionate load on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts of a nature to infringe the rights and financial, commercial or moral interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or of the laws and regulations in force.
17.2 It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
17.3 Fr In the event of a breach of any one of the provisions of this article or more generally of breaches of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action. It is strictly forbidden to misuse this Website. Without any restriction, it is prohibited to commit or encourage the commission of a criminal offense; transmit or distribute any virus, Trojan horse (trojan), computer worm, logic bomb, or send any other material that is malicious, technologically dangerous, disloyal or in any way offensive or obscene; hack all or part of the Services; corrupt data; annoy other users; infringe the property rights of third parties; send unsolicited advertisements or promotional material ("spam") or attempt to degrade the performance or functionality of any computer system.Violation of this provision is liable to constitute a criminal offense. Endemik Sas reserves the right to report any breach of the law to the authorities concerned and to disclose to them the identity of those who have violated this provision. The company cannot be held responsible for any loss or damage caused by an attack by DSD or "distributed denial of service" (DDOS "distributed denial of service attack"), virus or other technologically harmful material, which would be likely to infect the company. the User's computer equipment, its computer programs, data or other material, and which would be due to the use of this Website or the downloading of any element accessible on this Website or on a Linked Site.
18. PERSONAL DATA
ENDEMIK SAS reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send you. They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
19. ADVERTISING
The Company reserves the right to insert on any page of the Site all advertising or promotional messages in a form and under conditions of which the Company shall be the sole judge.
20. THIRD PARTY LINKS AND SITES
The Company can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Purchaser would access through the intermediary of the Site. The Company assumes no responsibility for the content, advertising, products and / or services available on such third-party sites and mobile applications which are reminded that they are governed by their own terms of use. The Company is also not responsible for transactions between the Purchaser and any advertiser, professional or merchant (including any partners) to whom the Purchaser would be directed through the Site and may not under any circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are bound.
21. MODIFICATIONS
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of his order by the Buyer.
22. LANGUAGE
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a layout.
23. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
24.ENTRY INTO FORCE
These general conditions entered into force on 26/09/2018