General Terms and Conditions of Sale

General Terms and Conditions of Sale

 

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by the company MURIELLE , under number 2280903669 and whose registered office is located at NORMANDIN  . (hereinafter “ GALAXY DES CHIENS ”).

The following terms will be used hereafter:

“Site”: the website “ https://galaxydeschiens.com ” and all its pages, which are the exclusive property of the Company.

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

“Seller”: GALAXY DES CHIENS , a legal entity or natural person offering its Products or Services on the Site.

“Customer”: the internet user, whether an individual or a professional, who makes a purchase of Product(s) or Service(s) on the Site.

“Consumer”, in accordance with the definition in the preliminary article of the French Consumer Code: “any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal profession

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

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 the GTC and purpose of the Site

The Seller reserves the right to amend the GTC at any time by publishing a new version 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 Site’s host and publisher, the collection and processing of personal data, and the terms 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 products for DOGS

The Site is freely and freely accessible to any Customer. The acquisition of a Product or Service implies the Customer’s acceptance of all the GTC, which they thereby acknowledge to have fully read. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance statement of these GTC, which may read “I acknowledge that I have read and accepted all the general terms of the Site”. Checking this box will be deemed to have the same value as the Customer’s handwritten signature.

The acceptance of these GTC implies that the Customers have the 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 legal representative.

The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless they can provide evidence to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer’s acceptance without reservation and full adherence to the General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and prior agreed otherwise by the Company.

Article 3 – Customer of the service

The customer service of this Site can be reached by email at the following address: “contact@galaxydeschiens.com ” by form or by post at the address indicated in the legal notices. The Customer must state 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 contacted by email at contact@galaxydeschiens.com .

Article 4 – Terms of placing orders and description of the purchasing process

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 considerably from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, the camera angle, etc.

The term “Cart” is defined below as the intangible object grouping all the Products or Services selected by the Customer on the Site with a view to making a purchase by clicking on these items. To place their order, the Customer selects the Product(s) they wish to order by adding them to their “Cart”, whose contents can be modified at any time.

1. The Customer places the Order via the Site: the Customer saves and confirms 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 the “add to Cart” button. On the “Cart” page, the Customer can 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 email order tracking by checking the required box.
4. On the “Delivery” page, the Customer must choose their shipping method from the options offered.
5. On the “Confirmation” page, the Customer must enter their banking 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 can modify all elements of the Order before finalizing it. The Customer is responsible for any errors related to the Order, Products, and contact information.
7. The sale is validly formed when the Customer has confirmed the Order by clicking the “Finalize my order” button, has accepted the General Terms and Conditions of Sale, and has proceeded with payment according to the terms they chose, subject to the exercise of the right of withdrawal.

The Order confirmation date corresponds to the date of receipt of payment for the total VAT-inclusive price duly established.

Article 5 – Prices and payment terms

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

GALAXY DES CHIENS reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, 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 may pay by Credit Card, Bancontact, Apple Pay, or PayPal. Credit card payments are made using 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 the event of payment by bank transfer, the delivery times defined in the “Deliveries” article of these GTC only begin to run from the date of actual receipt of payment by the Seller, which may provide proof thereof by any means. Product availability is indicated on the Site, in the descriptive sheet of each Product.

GALAXY DES CHIENS will archive the order forms 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 Customer before any payment. The Site has no geographical delivery limitations; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for informational purposes and remain subject to any delays by postal services or other special circumstances characteristic of 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, the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with exact information on the total amount of fees related 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 Customer.

During an in-person delivery, the customer may refuse a package at the time of delivery if they notice an anomaly regarding 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 merchandise. During a mailbox delivery, the customer undertakes to immediately check the package and contact the GALAXY DES CHIENS support if they notice any anomaly. Failure to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to grant the Customer’s request to exercise their right of refusal.

If the Customer's parcel is returned to the Seller by the Post Office or by other postal service providers, the Seller will contact the Customer upon receipt of the returned parcel to ask how they wish to proceed with their order. If the Customer has mistakenly refused the parcel, they may request that it be resent, provided they pay the postage costs for the new shipment in advance. Postage costs must be paid even for orders for which shipping was free at the time of purchase.

In the event of a delivery error or exchange (if the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract concluded to collect the Product or Service allows for 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 the Customer's clumsiness or misuse cannot be attributed to the Seller.

Any delivery delay compared to the date or timeframe indicated to the Consumer Customer at the time of their order or, if no date or timeframe was indicated at the time of the order, exceeding thirty (30) days from the conclusion of the contract may lead to the rescission of the sale at the Consumer Customer's initiative, upon their written request by registered letter with acknowledgment of receipt, if they have instructed the Seller to carry out the delivery and the Seller has failed to do so. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was issued, the full amount paid. This clause is not intended to apply if the delivery delay is due to force majeure.

In the special case of a parcel whose tracking number indicates that it has been "delivered" but was not received in the mailbox: if the Customer notices and informs the Seller that the parcel is not in their mailbox despite the tracking number indicating that it has been "delivered", the customer service may ask them for additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, notably by offering the immediate resending of the products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer 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, except for return costs, within fourteen days of receipt by GALAXY DES CHIENS of the refund request.

The Product must necessarily be returned in perfect condition, in its original packaging and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to GALAXY DES CHIENS . It is understood that the Customer will bear the return costs of the Product in the event of withdrawal.

The Customer is advised to carry out the return using a solution that allows for parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate it.

The refund will be carried out using the same payment method that was chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any 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 proof has not been provided previously.

In the event of a 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: 

MURIELLE - NORMANDIN

I / we (*) hereby notify / notify (*) you (*) of my / our (*) withdrawal from the contract relating to the sale of the item below:

Order number:

Last name / First name:

Phone number: 

Email address:

Postal address:

Reason for the claim:

• Exchange* (mention the desired product)
• Refund* (attach a complete bank statement with IBAN and BIC details)

Signature of the Customer(s) (only in the event of notification of this form on paper):

Date:

(*) Strike out the unnecessary mention.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies to the commercial guarantee if any is provided.

The consumer may decide to exercise the guarantee 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 obliged to provide any guarantee; in the event of exercising this guarantee, the buyer has the choice between rescission 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 report, suspension or interruption of the statute of limitations cannot have the effect of extending the extinguishing statute of limitations 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 required to deliver an item conforming to the contract concluded with the Consumer Customer and to be liable for conformity defects existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day the Product is taken into possession.

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

" In the event of a conformity defect, the buyer chooses between repair and replacement of the item. However, the Seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other option, given the value of the item or the severity of the defect. They will then be required 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. In the event of an inability to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (notably the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller GALAXY DES CHIENS cannot be held liable for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the purchased Products, the Seller will bear no liability for any indirect damages resulting from these, loss of business, loss of profit, damages or costs, which may occur.

The choice and purchase of a Product or Service are under the sole responsibility of the Customer. The total or partial inability to use the Products, notably due to hardware incompatibility, cannot give rise to any compensation, refund or liability of the Seller, 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 Customer is not a Consumer Customer and the contract concluded for the hardware allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Customer expressly authorizes the use of the Site at their own risk and under their exclusive responsibility. In any event, GALAXY DES CHIENS cannot in any way be held liable:

• for any direct or indirect damage, notably regarding loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the Site, or conversely from the inability to use it;
• for a malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or even the use of a browser rarely used by the Customer;
• for the content of advertisements and other links or external sources accessible by Customers 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 the latter are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they cannot reasonably be expected to foresee, and which they cannot reasonably avoid or overcome, insofar as their occurrence makes the performance of the obligations totally impossible, are provided as cases of force majeure or fortuitous events.

The occurrence of an event of force majeure will automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties notice the persistence of the event of force majeure, the Order may be canceled by one of the parties, and the sales contract rescinded. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt terminating the said sales contract.

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

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to 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, rebroadcast, or use in any way, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In any case, any link, even if tacitly authorized, must be removed upon simple request of the Company.

Only the use of the Site for private use, 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 sanctioned under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being limited, is strictly prohibited and constitutes infringement.

Any Customer who commits infringement may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without prejudice to any subsequent legal action taken by the Seller or its representative.

The trademarks and logos contained on the Site may be registered by GALAXY DES CHIENS , or possibly by one of its partners. Any person who proceeds with their representation, reproduction, incorporation, distribution and rebroadcasting is subject to the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Personal Data Processing

1. The Company collects Customer data:
2. a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or)
3. b) for the purposes of being able to contact you about various events related to the Company, including notably the update of Products and customer relationship management; (and/or)
4. c) for the purposes of collecting information allowing us to improve the Site and our Products (notably through cookies).

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

The collected data is retained by the Company only for the time corresponding to the purposes of the collection above and 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 Customer benefits from a right of access, modification, rectification, deletion or opposition for legitimate reasons, to their data.

The Customer can exercise their rights by email at contact@galaxydeschiens.com.

Article 13 – Comments and other user suggestions

If the Customer sends ideas, suggestions, or other elements, whether online, by email, by mail, or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comment the Customer sends them.

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

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

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. The Customer agrees not to write in their comments illegal, defamatory, offensive or obscene content, 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 Customer agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and declines any commitment regarding comments published by the Customer or a third party.

Article 14 – Severability of clauses

If a provision of the General Terms and Conditions of Sale is deemed illegal, null or inapplicable for any other reason, then this provision shall be deemed severable from the General Terms and Conditions of Sale and shall not affect the validity and applicability of the remaining provisions.

These General Terms and Conditions of Sale replace all prior or contemporaneous written or oral agreements. The General Terms and Conditions of Sale are not assignable, transferable or sub-licensable by the Customer themselves.

A printed version of the General Terms and Conditions of Sale and all notices given in electronic form may be requested in judicial or administrative proceedings related to the General Terms and Conditions of Sale. The parties agree that all correspondence relating to these General Terms and Conditions of Sale 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 or blocked bank card, stolen or forged. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from the performance of their contractual obligations.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliated companies, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, lawyers, suppliers and employees, from any claim or demand, including reasonable lawyers' fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your violation of the conditions or your violation of your acknowledgments, agreements, representations, warranties and obligations herein. 

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

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

The European Commission website describes the mediation process used and allows Customers to file an online request for mediation accompanied by supporting documents.

The dispute cannot notably be examined by the Mediator if:

- the Customer does not justify having previously attempted to resolve their dispute directly with the Company by a written complaint,

- the request is manifestly unfounded or abusive,

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

- the consumer submitted their request to the mediator within a period greater than one year from their written complaint to the Company,

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

Mediation is free for the Customer. If the Customer has recourse, at any stage of mediation, to a lawyer, a third party of their choice or an expert to defend them, they will bear the costs alone.

The Mediator may not receive any instructions from the parties nor 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 case 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 or blocked bank card, stolen or forged check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from 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 excluding a breakdown caused by an external factor. Under these conditions, the seller agrees to replace the defective part.

All rights reserved – July 01, 2022

Article 16: SMS Policy 

 

SMS Policy:

 

By consenting to SMS marketing from GALAXY DES CHIENS  during payment and initiating a purchase or by subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers and transactional SMS. , including requests for review on our part, even if your mobile phone number is registered on a national or federal list of excluded phone numbers. The frequency of messages varies. Consent is not a condition of purchase.

 

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

 

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://galaxydeschiens.com/pages/contact or by email at contact@galaxydeschiens.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 changes. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, will not be received, and we will not be required to honor the requests made in those messages.

 

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

 

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