CGV and legal notices
www; animalheart.com is an e-commerce site selling online fashion items and related accessories.
This website is operated by ANIMAL HEART. On this site, the terms "we", "our" and "our" refer to ANIMAL HEART. The term "you" refers to the customer.
Anyone who places an order on the site www.animalheart.com acknowledges having read, understood and accepted without reservation these general conditions of sale.
All new features and tools that will be added to this store at a later date will also be subject to these General Terms and Conditions of Sale and Use.
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age you are responsible for using this website.
Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your services.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE
The fact of validating your order implies for you the obligation to pay the indicated price. The amount (s) of the product (s) purchased is (are) debited when ordering. Orders are only processed and goods shipped after payment has been received.
ANIMAL HEART will then confirm this order to you by sending a confirmation email. Then, when it is shipped, a shipping confirmation email will be sent to you. This email will summarize: items purchased, payment information, shipping information, order number, and your tracking number.
ANIMAL HEART reserves the right to suspend or cancel any execution of an order and / or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer , in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the ANIMAL HEARTincluding on previous orders.
Also, in the event of an error entering the e-mail address concerned, or of non-receipt of the order confirmation e-mail, the responsibility of ANIMAL HEART cannot be engaged. In this case the sale will be considered final, except in cases of cancellation of the order by ANIMAL HEART, in particular for unavailability of products.
We print your items in France to order.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time.
ANIMAL HEART is not responsible for information and public statements of its suppliers of which it is not aware and which it was legitimately unable to know.
1-3 SALE PRICES OF THE PRODUCTS
The sale prices of the items appearing on the Site are indicated in Euros and calculated exclusive of tax. They are not increased by the VAT rate, the status of micro-entrepreneur implying a VAT exemption, according to article 293 B of the CGI.
The prices of the items are exclusive of delivery costs. The amount of delivery costs is specified on the site before validation of the order.
ANIMAL HEART reserves the right to modify the prices of the articles at any time, the articles being invoiced on the basis of the rates in force at the time of the validation of each order. The price of the items invoiced is therefore that indicated when ordering.
The articles remain the entire property of ANIMAL HEART until full payment of the price, which the customer recognizes and accepts.
All our shipments, whether in France or internationally, are accompanied by a tracking number. For deliveries in France, delivery is made by La Poste. This tracking number is communicated by email when the carrier takes charge of the order.
If the Customer enters an incorrect delivery address and their order is returned to us, re-shipment is possible but the costs of the new shipment will be borne by the customer.
The delivery times and costs are brought to your attention on the page Delivery and reproduced below:
Upon receipt of payment, the order is printed and shipped from the workshop in the south of France between 2 and 4 days. This period allows the production, verification, quality control and packaging of your order.
The delivery time (variable depending on the destination)
- In France the deadline is 2 to 3 working days.
- In Europe the delivery time is 3 to 5 working days
- In the rest of the world, the delay is 5 to 8 working days
Note that we cannot be held responsible for a delivery deadline not respected by the carrier and that there are certain delays which we are not able to foresee. They can be linked to a customs clearance, a natural disaster, a strike or others.
Our delivery rates are calculated as accurately as possible, based on the exact weight of your package and are accompanied by a tracking number. They are indicated at the time of validation of your order.
List of countries included in the Europe zone:
Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Kingdom United, Slovakia, Slovenia, Sweden, Switzerland (including Liechtenstein).
More information on Delivery is available on our page Delivery.
All orders are payable in euros.
The price invoiced to the customer is the price indicated in the order confirmation sent to the customer by email. The order is payable immediately, by credit card (CB, Visa, MasterCard, American Express) or Paypal account. Transactions made on the site are entrusted to a secure online payment platform Paypal and credit card. They are secured by a solution that presents highly secure pages for entering payment data: card number, expiration date and visual cryptogram. This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.
The Customer guarantees to ANIMAL HEART that he is fully authorized to use the payment card for payment or the Paypal account for his order and that these means of payment legally provide access to sufficient funds to cover all costs resulting from his order on the site www.animalheart.com
ANIMAL HEART cannot be held responsible for any fraudulent use of the means of payment used.
ANIMAL HEART reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that would be due by the Customer or in the event of an incident of payment.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of supposed payment or upon notification of the rejection of bank payment. for any other means of payment.
The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
It is the Customer's responsibility to save and print their payment certificate if they wish to keep the bank details relating to their transaction.
ARTICLE 2 - RETURNS AND REFUNDS
Right to retract
In accordance with national and European consumer protection legal provisions, you have 14 clear days from receipt of your order to exercise your right of withdrawal without having to justify reasons to pay penalties, to the 'exception, where applicable, the shipping costs of the return package which remain your responsibility. After the 14 day period, we will only accept returns for products that are defective or do not correspond to those you ordered. The notification of withdrawal must be made by email to: email@example.com
Return of product with a quality defect or not corresponding to your order
Despite the greatest care taken with your orders and despite the quality control carried out before each shipment, it may exceptionally be that an item has a quality defect or does not correspond to the item you ordered. In this case, you have 30 days from receipt of your order to be reimbursed. You must then contact us at this address: firstname.lastname@example.org by specifying your order number, name and first name as well as a photo of the product with a description of the defect or problem. We will send you a new product at our expense or issue a refund as you choose.
The products must be returned in their original packaging and packaging. Any incomplete, damaged, damaged product and / or therefore the packaging will have been damaged will not be taken back, exchanged or refunded.
We offer a refund in the following situations:
- when you exercise your right of withdrawal within the prescribed period of 14 days.
- if the product you have received has a quality defect or does not correspond to your order, within 30 days.
In this situation we also suggest that you send you a new product at our expense.
- in the event of official loss of your package declared by the delivery organization.
In this situation we also suggest that you send you a new product at our expense. This provision does not apply to products indicated as "delivered".
We do not offer refunds in the following situations:
- Packages returned to us for lack of addressing or non-complaint may be re-shipped for a re-shipment fee but may not give rise to any refund.
- your order has not arrived due to exceptional circumstances (for example in the event of a customs blockage or natural disaster)
- any other exceptional circumstance beyond our control.
Refund requests must be sent by e-mail: email@example.com
Once your refund has been accepted or the return has been received, we will pay the amount due between 3 and 7 days maximum directly via the means of payment used during your order.
ARTICLE 3 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice from us.
ARTICLE 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. This prior information, by nature, is not up to date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our site.
ARTICLE 5 - ACCURACY OF INVOICING AND INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we modify an order or should we cancel it, we may attempt to notify you by contacting you at the email and / or billing address / telephone number provided at the time the order has been placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide complete and accurate order information for all orders placed on our store. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can push to complete your transactions and contact you as needed.
ARTICLE 6 - THIRD PARTY LINKS
Certain content and products available through our Service may include material from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.
ARTICLE 7 - PERSONAL DATA
Any purchase on the site www.animalheart.com can be done without creating a customer account. We only collect the data that is necessary for us to complete the order and to send your products.
In accordance with the provisions of law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés): number In progress.
ARTICLE 8 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, fees. product shipping, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 9 - PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in such a way as to compromise the functionality or operation of the Service or any associated, independent, website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or bypass the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.
ARTICLE 10 - INDEMNIFICATION
You agree to indemnify, defend and protect ANIMAL HEART, our partners, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or request, including reasonable attorney fees, made by any third party because of or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 11 - DISSOCIABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation must not affect the validity and the applicability of all the other remaining provisions.
ARTICLE 12 - TERMINATION
The obligations and responsibilities undertaken by the parties before the termination date will remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You can terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we believe, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you. in advance and you will remain responsible for all monies owed until the termination date (including this), and / or we may deny you access to our Services (or any part thereof ).
ARTICLE 13 - INTEGRALITY OF THE AGREEMENT
Any failure on our part to exercise or apply any right or any provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of this right or provision.
These General Terms and Conditions of Sale and Use or any other operating policy or rule that we post on this site or in connection with the Service constitute the entire understanding and understanding between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporary, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the disadvantage of the drafting party.
ARTICLE 14 - APPLICABLE LAW
These General Conditions are subject to French law and the French standards in force.
ARTICLE 15 - CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check if any changes have been made. Your continued use of or access to our site following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 16 - GUARANTEES - LIMITATION OF LIABILITY
The responsibility of ANIMAL HEART with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. ANIMAL HEART will in no way be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
ANIMAL HEART makes no warranties regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, from the Site or from the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.
The Customer acknowledges that he assumes all the risks related to any content downloaded or obtained in any other way through use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
ANIMAL HEART is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can be reasonably expected.
In addition, ANIMAL HEART guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent defect - Guarantee - Legal compliance - Hidden defects
The presence of an apparent defect in a Product must give rise to a complaint by email (firstname.lastname@example.org)
The Customer must comply with the procedure relating to the right of withdrawal by informing in advance by any means ANIMAL HEART of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-compliance or a hidden defect by ANIMAL HEART or the manufacturer as the case may be, the Customer benefits from the following guarantees:
ANIMAL HEART acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer:
- has a period of two (2) years from the delivery of the Product to act in lack of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to head office. social of ANIMAL HEART, after sending an email indicating the reason for returning the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: " The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. »
Art. L217-5 of the Consumer Code: " The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and has the qualities - it has presented to the buyer in the form of a sample or a model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public statements made by the seller, by the producer or by his representative , in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Art. L217-7 of the Consumer Code: " The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L217-8 of the Consumer Code: " The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. »
Art. L217-9 of the Consumer Code: " In case of 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 manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: " If repair and replacement of the good is not possible, the buyer can return the good and have the price refunded or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: " The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages. »
Art. L217-12 of the Consumer Code: " Action resulting from lack of conformity lapses two years after delivery of the goods. "
Art. L217-13 of the Consumer Code: " The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law. »
Art. 1641 of the Civil Code: " The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them. »
Art.1642 of the Civil Code: " The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: " He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: " In the case of articles 1641 and 1643, the purchaser has the choice of returning the thing and having the price returned, or of keeping the thing and having part of the price returned. »
Art. 1646 of the Civil Code: " If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Art. 1648 of the Civil Code: " The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) »
In the event of an event of force majeure preventing the execution of these T & Cs, ANIMAL HEART informs the Customer of this within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil unrest, insurgency, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of ANIMAL HEART or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
ARTICLE 17 - INTELLECTUAL PROPERTY
All of the elements reproduced on animalheart.com and in particular but not exclusively, texts, comments, works, illustrations, images and brands are protected by intellectual property. Any total or partial reproduction of the elements accessible on the site animalheart.com is strictly prohibited.
ARTICLE 18 - CONTACT
Questions regarding the General Conditions of Sale and Use should be sent to us at email@example.com
The site www.animalheart.com is edited and distributed by the micro-enterprise Pascale Salmon - Vegan Art.
+ Responsible for the publication and creator of the site: Pascale Salmon
+ Address: 101 rue du château 75014 Paris
+ SIRET: 421 409 905 00047
+ E-Mail: firstname.lastname@example.org
+ Site host: Shopify Inc 150 Elgin Street, Suite 800 K2P 1L4 Ottawa (Ontario)