Terms and Conditions of Sale

General Terms and Conditions of Sale

 

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company Environnementchat, under number 2281589657, with its registered office at 268 des Intendants, Lévis (Quebec) G6W7R1. (hereinafter "environnementchat").

The following terms will be defined as:

"Site": the website "https://environnementchat.com" and all its pages, exclusively owned by the Company.

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

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

"Customer": the internet user, 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 that are not part 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, to print them and/or to save them.

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

The Customer acknowledges having read the GTC and accepts them in full.

Article 2 – Application of 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 Customer 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 terms of use, legal notices, and data charter of this Site.

This Site offers the online sale of cat products.

The Site is freely accessible to any Customer. The acquisition of a Product or Service implies the acceptance, by the Customer, of all these GTC, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the acceptance phrase of these GTC, which may state, for example, "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 from the Customer.

The acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer 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 Customer acknowledges the probative value of the Seller's automatic registration systems and, unless proven otherwise, waives the right to dispute them in the event of a dispute.

Any Order for Products implies unreserved acceptance by the Customer and their full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless an express and prior derogating agreement from the Company has been granted.

Article 3 – Customer Service

The customer service of this Site is accessible by email at the following address: "contact@environnementchat.com" via a form or by mail to the address indicated in the legal notices. The Customer must indicate in the email 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 email at contact@environnementchat.com.

Article 4 – Order Subscription Procedures 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 prepared by the Seller based on the descriptions provided by the supplier.

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

"Shopping Cart" is defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site for purchase by clicking on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Shopping Cart", the contents of which can be modified at any time.

1. The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "Add to Cart" button. On the "Cart" page, the Customer has the option to check the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Customer must enter their contact information. They can opt for order tracking by email by checking the required box.
4. On the "Delivery" page, the Customer must choose their offered shipping method.
5. On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer also has the option to enter a promotional code if they have one.
6. A complete summary of the Order appears. The Customer has the option to modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, Products, and contact information.
7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded with 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 duly recorded total price including tax.

Article 5 – Pricing and Payment Terms

Unless otherwise specified, the prices listed in the catalog are understood as prices 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.

Environnementchat 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 Customer.

The Customer 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 Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the effective date of receipt of payment by the Seller, who can prove this by any means. Product availability is indicated on the Site, in the descriptive sheet of each Product.

Environnementchat will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes only and remain dependent on potential delays by postal services or other specific circumstances preventing delivery (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 (DOM-TOM), the Customer declares themselves to be the importer of the Product and accepts that, in such a case, the Seller may be physically unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise stated 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 of thirty (30) days after the conclusion of the contract with a Consumer Client.

In case of hand delivery, the customer 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 imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In case of delivery to a mailbox, the customer undertakes to immediately check the package and to contact Environnementchat support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Customer's request to exercise the right of refusal.

If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned parcel to ask them how to proceed with their order. If the Customer has mistakenly refused the parcel, they may request its reshipment by first paying the postal costs for the new shipment. Postal costs must be paid even for orders for which shipping costs were offered at the time of order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract entered into to acquire 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 Customer cannot be attributed to the Seller.

Any delivery delay compared to the date or deadline indicated to the Consumer Customer during their order or, in the absence of an indicated date or deadline during 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 Customer, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to carry out the delivery, they have not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Customer 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 Customer satisfaction by notably offering to resend the products immediately at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Client has fourteen (14) working days from the date of receipt of the product from 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 costs, within fourteen days from the receipt by Environnementchat of the refund request.

The Product must imperatively be returned in perfect condition, in its original packaging (blister pack) and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Environnementchat. It is understood that the Customer will bear the costs of returning the Product in case of withdrawal.

The Customer 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 investigation 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 Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another payment method, and insofar as the refund does not incur costs for the Customer.

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

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 Customer's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code ("Hamon law") of June 2014, the Consumer Customer 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:

YOUR COMPANY - BUSINESS ADDRESS

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

Order number:

Name / First Name:

Phone number:

Email address:

Postal address:

Reason for claim:

• Exchange* (mention 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 independently of any commercial guarantee that may be granted.

The consumer may decide to implement the warranty against hidden defects of the item sold as per Article 1641 of the Civil Code, unless the seller has stipulated that they shall not be bound by any warranty; in the event of this warranty being implemented, the buyer has the choice between cancellation of 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 postponement, suspension or interruption of the limitation period cannot result in the extinctive prescription period extending beyond twenty years from the date of the right's inception, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for 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 during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Client to prove that the defect did exist at the time the Product was taken possession of.

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. 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 good or the significance 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 exchange it. If exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including shipping costs for returning the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Environnementchat cannot be held liable for the non-performance of the contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages arising from these presents, loss of operation, loss of profit, damages or costs, which may occur.

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

The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, Environnementchat cannot under any circumstances be held liable for:

• any direct or indirect damage, particularly regarding loss of profits, loss of earnings, loss of clientele, loss of data, which may result from the use of the Site, or conversely from the impossibility of its use;
• a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of an infrequently used browser by the Client;
• the content of advertisements and other links or external sources accessible by 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 or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of obligations totally impossible.

The occurrence of a force majeure event shall 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 cancelled by either party, and the sales contract terminated. To this end, the most diligent party shall send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination shall be the date of the first presentation of the letter. In this event, neither party may 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, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement 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 exhaustive, 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, and without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their representative.

The brands and logos contained on the Site may be registered by Environnementchat, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates or redistributes them shall be liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

1. The Company collects Client data:
2. a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
3. b) for the purpose of being able to contact you about various events related to the Company, including updating Products and managing customer relations; (and/or)
4. c) for the purpose of collecting information to improve the Site and our Products (particularly through cookies).

The collected data are processed by the Site's contractual service providers who are in charge of packaging and distributing ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.

The collected data are retained by the Company only for the time corresponding to the above collection purposes, and which shall in no case 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 to access, modify, rectify, delete, or object for legitimate reasons to their data.

The Client can exercise their rights by e-mail to contact@environnementchat.com.

Article 13 – User Comments and Other Submissions

If the Client sends ideas, proposals, or other items, whether online, by email, by postal 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 medium any comments the Client sends.

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

The Company may monitor, modify or remove 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 rights, or other personal or proprietary rights. The Client undertakes not to write illegal, defamatory, offensive or obscene content in their comments, and that they will 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, pretend to be 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 any commitment regarding comments published by the Client or a third party.

Article 14 – Severability of clauses

If a 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 drafted 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 falsified bank card or one in opposition. In this context, no amicable conciliation attempt will be accepted.

Should a clause of these General Terms and Conditions of Sale become null and void or unenforceable, this shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling 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, made by any 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, execution or non-execution, 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 approved 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, 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, in particular:

- 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 uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they alone will bear the costs.

The Mediator may not receive any instructions from the parties nor be remunerated according to 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 Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card, or stolen or falsified cheque. In this context, no amicable conciliation attempt will be accepted.

Should a clause of these General Terms and Conditions of Sale become null and void or unenforceable, this shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.

Parts Warranty:

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

All rights reserved – July 01, 2022

Article 16: SMS Policy

SMS Policy:

By consenting to Environnementchat SMS marketing at checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on any state 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 with STOP to any mobile message sent from us or use the unsubscribe link we provided you with 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 provider. Message and data rates may apply.

 

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

 

We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code that we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in those 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 service.

 

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