Terms of sale
General terms and conditions of sale of the website www.catsafe.fr
applicable from 01/03/2021
ARTICLE 1. PARTIES
These general conditions apply between Picox, SASU, share capital : 3000 €, registered with the RCS of Nanterre in France on 25/04/2014, under number 802248278, registered office: rue Victor Griffuelhes, France, phone: +33972563062, email: contact@catsafe.fr, VAT number: FR52802248278, hereinafter referred to as "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
« Customer »: any natural or legal person, private or public law, registered on the Site.
« Site Contents »: elements of any kind published on the Site, whether protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
« The Publisher »: Picox, SASU in its capacity as the Site's publisher.
« Internet user »: any natural or legal person, private or public law, connecting to the Site.
« Product »: any item sold on the Site by the Publisher to Customers.
« Site »: website accessible at the URL www.catsafe.fr, as well as related sub-sites, mirror sites, portals, and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will constitute full and complete acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully read and accepted them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidential value of the automatic recording systems of the Publisher and, unless they provide contrary evidence, waives contesting them in case of dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the Internet user.
Acceptance of these general conditions implies that Internet users have the necessary legal capacity for this, or failing that, that they have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site's purpose is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
To place an order, Internet users can select one or more Products and add them to their cart. Product availability is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they can access their cart by clicking the designated button.
5.2. Order Validation by the Internet User
By viewing their cart, Internet users will be able to verify the quantity and type of Products they have chosen and check their unit price as well as the total price. They will have the option to remove one or more Products from their cart.
If they are satisfied with their order, Internet users can validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Client
Once logged in or after fully completing the registration form, Clients will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface bearing the mention " order with payment obligation " or any similar wording.
5.4. Order Confirmation by L’Editeur
Once payment is effectively received by L’Editeur, the latter commits to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same timeframe, L’Editeur commits to send the Client an email summarizing the order and confirming its processing, including all related information.
ARTICLE 6. PRICES - PAYMENT
6.1. Prices
The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by L’Editeur. The displayed prices are only valid on the day of the order and do not apply for the future.
Prices shown on the Site are in euros, all taxes included, excluding delivery fees.
6.2. Payment Method
The Client can make their payment via Paypal, Stripe. Credit card payments are made through secure transactions provided by Société Générale.
For payments by credit card, L’Editeur has no access to any data related to the Client's payment methods. The payment is made directly to the banking institution.
In case of payment by money order, check, or bank transfer, delivery times only start from the date the payment is received by L’Editeur.
6.3. Invoicing
L’Editeur will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Non-payment
Agreed payment dates cannot be delayed under any pretext, including in case of dispute.
Any amount not paid on the due date will automatically and without formal notice incur late payment penalties calculated at a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal sums due.
Furthermore, any late payment will result in the defaulting Client being charged collection fees of 40 euros, immediate payment of all outstanding amounts regardless of agreed deadlines, increased by a 20% penalty fee as a contractual penalty clause, as well as the possibility to unilaterally terminate the contract to the Client's fault. This clause is within the framework of the provisions of article 1152 of the Civil Code allowing the judge to reduce the penalty if deemed excessive.
6.5. Retention of title
The Products sold remain the property of L’Editeur until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. LIABILITY OF L’EDITEUR
7.1. Nature of L’Editeur's obligations
L’Editeur commits to exercising the necessary care and diligence in providing Products of quality conforming to the specifications of these General Terms and Conditions. L’Editeur is only responsible for an obligation of means regarding the services subject to these terms.
7.2. Force majeure - Client Fault
L’Editeur shall not be held liable in cases of force majeure or Client fault, as defined in this article:
7.2.1. Force majeure
For the purposes of these general terms and conditions, any impediment, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, transmission network failures, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Client, hacking, a security breach attributable to the Site's host or developers, flooding, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of L’Editeur shall be considered a force majeure event opposable to the Client. Under such circumstances, L’Editeur shall be exempt from performing its obligations to the extent of such impediment, limitation, or disruption.
7.2.2. Client's Fault
For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Client or their agents, failure to comply with advice given by L’Editeur on its Site, any disclosure or unlawful use of the Client's password, codes, and references, as well as providing incorrect information or failure to update such information in their personal space, shall be considered a fault of the Client enforceable against them. Also considered a fault of the Client is the implementation of any technical process, such as robots or automatic queries, whose use would contravene the letter or spirit of these general terms and conditions of sale.
7.3. Technical problems - Hyperlinks
In case of inability to access the Site due to technical problems of any kind, the Client cannot claim any damage and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services cannot constitute damage to Clients and cannot give rise to the granting of damages by L’Editeur.
The hyperlinks present on the Site may lead to other websites. L’Editeur's liability cannot be engaged if the content of these sites violates current legislation. Likewise, L’Editeur's liability cannot be engaged if the visit by the Internet user to one of these sites causes them harm.
Given the current state of technology, the rendering of the representations of the Products offered for sale on this Site, notably in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and the screen or the display resolution. These variations and differences can in no case be attributed to L’Editeur, who cannot be held liable as a result.
7.4. Damages payable by L’Editeur
In the absence of contrary legal or regulatory provisions, the liability of L’Editeur is limited to the direct, personal, and certain damage suffered by the Client and related to the failure in question. L’Editeur can in no case be held responsible for indirect damages such as, in particular, data loss, commercial damages, loss of orders, damage to brand image, commercial disturbances, and loss of profits or customers. Likewise, and within the same limits, the amount of damages charged to L’Editeur shall in no case exceed the price of the ordered Product.
7.5. Hyperlinks and Site Contents
The Site Contents are published for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible in any case for any omission, inaccuracy, or any error contained in this information that would cause direct or indirect damage to the Internet user.
ARTICLE 8. FINAL PROVISIONS
8.1. Applicable Law
These general terms and conditions are subject to the application of French law.
8.2. Modifications of these general terms and conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Client are those in effect on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, if applicable, of the new general terms and conditions.
8.3. Disputes
Under ordinance no. 2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in the context of the execution of these general terms and conditions and whose solution could not be found amicably between the parties must be submitted to SAS Mediation.
Furthermore, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://sasmediationsolution-conso.fr/
8.4. Entirety
The nullity of one of the clauses of this contract shall not result in the nullity of the other clauses of the contract or of the contract as a whole, which shall remain in full effect and scope. In such a case, the parties shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
8.5. Non-Waiver
The failure by the Publisher to exercise the rights granted to them under these terms shall in no case be interpreted as a waiver to assert said rights.
8.6. Telephone Solicitation
The Client is informed that they have the possibility to register on the telephone solicitation opt-out list at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these general terms and conditions
These general terms and conditions are offered in French.
8.8. Unfair Terms
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.