Terms and Conditions of Sale

Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company CARREFOUR CHIEN , under number 228078386 and whose registered office is at 03-1435 rue Crevier, H4L2X2, MONTREAL, QUEBEC . (hereinafter "CARREFOUR CHIEN ").

Hereinafter referred to as:

"Site": the "https://carrefourchien.com " website and all its pages, exclusive property of the Company.

"Products" or "Services": all products (material) and services (benefits) that can be purchased or subscribed to on the Site.

"Seller": CARREFOUR CHIEN , a legal or natural person offering its Products or Services on the Site.

"Client": the internet user, private individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which are not within the scope of his commercial, industrial, craft or liberal activity".

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them and/or

save them on a durable medium before placing an order on the Site.

The Client acknowledges having read and fully accepted the GTC.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Client are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of DOG products.

The Site is freely accessible to all Clients. The acquisition of a Product or Service implies the Client's full acceptance of these GTC, who thereby acknowledges having full knowledge of them. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the phrase of acceptance of these GTC, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature by the Client.

The acceptance of these GTC implies that the Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.

The Client acknowledges the probative value of the Seller's automatic registration systems and, unless they provide proof to the contrary, they waive the right to contest them in the event of a dispute.

Any Order of Products implies the Client's unreserved acceptance and full adherence to the General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise by the Company in advance.

Article 3 – Customer Service

The customer service of this Site is accessible by e-mail at the following address: "contact@carrefourchien.com " by form or by mail to the address indicated in the legal notices. The Client must indicate in the e-mail their first name, last name, the subject of their request and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail atcontact@carrefour.com .

Article 4 – Order subscription methods and purchase process description

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

Hereinafter, "Basket" is defined as the immaterial object grouping together all the Products or Services selected by the Client of the Site for purchase by clicking on these items. In order to proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Basket", the content of which can be modified at any time.

The Client places the Order via the Site: the Client registers and validates the Order on the Site.
To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client has the option to check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt for order tracking by email by checking the required box.
On the "Delivery" page, the Client must choose their proposed shipping method.
On the "Confirmation" page, the Client must enter their bank details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded to payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the payment for the total price including all taxes duly noted.

Article 5 – Prices and Payment Terms

Unless otherwise stated, the prices listed in the catalog are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.

CARREFOUR CHIEN reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and can make payment by Credit Card, Bancontact, Apple Pay or Paypal. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the effective date of receipt of payment by the Seller, who can prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

CARREFOUR CHIEN will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be defined by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other specific delivery circumstances (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Client declares himself to be the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with accurate information on the total amount of fees relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise specified on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

In the event of a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods returned. In the event of delivery to a mailbox, the client undertakes to immediately check the package and contact CARREFOUR CHIEN support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to comply with the Client's request to exercise the right of refusal.

If the Client's parcel is returned to the Seller by post or other postal service providers, the Seller will contact the Client upon receipt of the returned parcel to ask them what to do with their order. If the Client has mistakenly refused the parcel, they may request its re-shipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was free at the time of the initial order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract for the return of the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Client at the time of their order or, in the absence of a date or deadline indicated at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was issued, for all sums paid. This clause is not intended to apply if the delivery delay is due to a force majeure event.

Specific case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered", customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by notably offering an immediate re-shipment of the products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Client has fourteen (14) business days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return shipping costs, within fourteen days from the receipt by CARREFOUR CHIEN of the refund request.

The Product must be returned in perfect condition, unopened, and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to CARREFOUR CHIEN . It is understood that the Client will bear the costs of returning the Product in the event of withdrawal.

The Client is recommended to make the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to initiate an inquiry with the postal services to request them to locate it.

The refund will be made using the same payment method as that chosen by the Client for the initial transaction, unless the Client expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not been previously made.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

CARREFOUR CHIEN - 03-1435 Rue Crevier,H4L2X2,MONTREAL,QUEBEC

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Name / First Name:

Phone number:

Email address:

Mailing address:

Reason for complaint:

Exchange* (specify desired product)
Refund* (attach complete bank details with IBAN and BIC)

Signature of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies to any commercial warranty granted.

The consumer may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of such a warranty being invoked, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The reporting, suspension, or interruption of prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any non-conformities existing at the time of delivery of the Product. The guarantee of conformity can be exercised if a defect exists on the day the Product is taken possession of.

On the other hand, it will be up to the Client to prove that the defect indeed existed at the time of taking possession of the Product.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller CARREFOUR CHIEN cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller will not incur any liability for any indirect damages resulting from these, loss of operation, loss of profit, damages or expenses, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or invocation of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract for the Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.

The Client expressly authorizes the use of the Site at their own risk and under their exclusive responsibility. In any event, CARREFOUR CHIEN cannot under any circumstances be held responsible for:

any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of customers, or data, which may result from the use of the Site, or conversely, the impossibility of using it;
a malfunction, unavailability of access, improper use, improper configuration of the Client's computer, or the use of a browser not commonly used by the Client;
the content of advertisements and other links or external sources accessible to Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, force majeure events or fortuitous events are unforeseen events beyond the control of the parties, which they could not reasonably be expected to anticipate, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. To this effect, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this scenario, neither party can claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or an authorized third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private purposes is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being limitative, is strictly prohibited and constitutes counterfeiting.

Any Client found guilty of counterfeiting may have their account deleted without prior notice or compensation, and without this deletion constituting damage to them, subject to any subsequent legal proceedings initiated by the Seller or its agent.

The trademarks and logos contained on the Site may be registered by CARREFOUR CHIEN , or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates or re-disseminates them incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects Customer data:
a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)
b) for the purpose of contacting you about various events relating to the Company, including updates to Products and customer relationship management; (and/or)
c) for the purpose of collecting information enabling us to improve the Site and our Products (particularly through cookies).

The collected data is processed by the Site's contractual service providers responsible for packaging and distributing ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is retained by the Company only for the period corresponding to the purposes of the collection mentioned above, which in no case shall exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons, concerning their data.

The Client can exercise their rights by e-mail at contact@carrefourchien.com.

Article 13 – Comments and other user suggestions

If the Client sends ideas, suggestions, or other items, whether online, by email, mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments the Client sends to it.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client undertakes to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client undertakes not to include illegal, defamatory, offensive or obscene content in their comments, and that they do not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false e-mail address, impersonate someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all commitment with regard to comments published by the Client or third parties.

Article 14 – Severability of Clauses

If any provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or forged bank card. In this context, no amicable conciliation attempt will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and does not release the Client from the performance of their contractual obligations.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by a third party due to or arising out of your use of the Website or our products and services, your breach of the terms, or your breach of your acknowledgements, agreements, representations, warranties, and obligations herein.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, approved for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online, accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not provide proof of having first attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within its scope of competence.

Mediation is free for the Client. If the Client seeks assistance from a lawyer, a third party of their choice, or an expert to defend them at any stage of the mediation, they shall bear the costs alone.

The Mediator may not receive instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not relieve the Client of the performance of their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the purchase date under normal conditions of use and excludes breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

Article 16: SMS Policy

SMS Policy:

By consenting to SMS marketing from CARREFOUR CHIEN during checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://DomainnName/pages/contact or by email at contact@carrefourchien.com for more information.

We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified of such occasions. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be obligated to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service.

Your right to privacy is important to us. You can review our privacy policy: https://DomainName/pages/politique-de-confidentialite to determine how we collect and use your personal information.

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Terms and Conditions of Sale