Terms Of Sales
These general conditions of sale apply to all sales concluded on the website https://replicapet.com
The website https://replicapet.com is a service of:
• located in Geneva / Switzerland
• Website URL: https://replicapet.com
• e-mail: email@example.com
• phone: XXX
The website https://replicapet.com markets the following products: Personalized soft toys, personalized designs, personalized objects.
The customer declares having read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.
They are accessible on the website https://replicapet.com and will prevail, if necessary, on any other version or any other contradictory document.
The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 01/01/2025
Article 2 - Content
These terms and conditions are intended to define the rights and obligations of the parties in the context of the sale of goods offered by the seller to the buyer, from the website https://replicapet.com.
These conditions only apply to purchases made on the https://replicapet.com website and delivered exclusively in Europe.
These purchases concern the following products: Personalized soft toys, personalized designs, personalized objects.
Article 3 - Precontractual Information
The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the property;
- the price of the good and / or the method of calculating the price
- and, if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required.
- in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence of and the terms of implementation of the guarantees and other contractual conditions.
Article 4 - The Order
The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or property ordered.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.
The sale will be considered final:
- after sending the buyer the confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
For any question relating to the follow-up of an order, the buyer must send an email to the seller at the following email address: firstname.lastname@example.org
Article 5 - Electronic Signature
The online supply of the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer:
- payment of sums due under the purchase order,
- signature and express acceptance of all the operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as the use is found, to contact the seller at the following email address: email@example.com
Article 6 - Order Confirmation
The seller provides the buyer with a copy of the contract, by email.
Article 7 - Proof Of The Transaction
The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8 - Product Information
The products governed by these terms and conditions are those listed on the website of the seller and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the rate applicable VAT will be automatically passed on the price of the products of the on-line shop.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.
Article 10 - Method Of Payment
This is an order with payment obligation, which means that the placing of the order involves a settlement of the buyer.
To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
The price is paid in full, according to the following terms: by credit card by paypal or by bank transfer for Swiss customers.
Article 11 - Availability Of Products - Reimbursement - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 30 days minimum from the day following the day when the buyer placed his order, according to the following modalities: Post. At the latest, the deadline will be 60 to 90 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.
In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional period.
Failing execution on the expiry of this new period, the buyer may freely break the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has since executed.
The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above are for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product, in the case where the personalized product has not been started.
Article 12 - Delivery Terms
Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the terms and the deadline specified above.
The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).
This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions. legal notice.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery.Any claim made outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 13 - Delivery Errors
The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.
The claim can be made, at the choice of the buyer:
- e-mail address: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller. Please contact the seller in advance at: email@example.com
The cost of return are the responsibility of the seller.
Article 14 - Product Warranty
Legal guarantee of conformity and legal guarantee of hidden defects
https://replicapet.com is the guarantor of the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or warranty of defects of the thing sold within the meaning of articles 1641 and following of the civil code. In case of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the property to act;
- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods, following the delivery of the good.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right Of Withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s) and the delivery costs are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 5 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer in the conditions set out above.
According to article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts:
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods that could deteriorate or expire quickly;
- supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be performed urgently in the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
- supplying audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supplying a newspaper, periodical or magazine, except for subscription contracts to these publications;
- supply of digital content not provided on a physical medium whose execution began after express prior consent of the consumer and express waiver of its right of withdrawal.
Article 16 - Force Majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.
Article 18 - IT And Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the website https://replicapet.com complies with the General Data Protection Regulation (GDPR) put into effect on May 25, 2018.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him.This right may be exercised under the conditions and according to the terms and conditions defined on the Marque Avenue website.
Article 19 - Partial Non-Validation
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 20 - Non-Waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language Of The Contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.
Article 23 - Mediation
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 - Applicable Law
These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes over € 10,000.
This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection Of Personal Data
The personal data collected on this site are as follows:
Account opening: when creating the user's account, his name, first name, email address; Phone Number; address;
Connection: when the user logs on to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data.
Profile: the use of services provided on the website can provide a profile, which may include an address and a phone number.
Payment: As part of the payment of the products and services offered on the website, it records financial data relating to the bank account or the credit card of the user.
Communication: When the website is used to communicate with other members, the data concerning the user's communications are temporarily stored.
Cookies: Cookies are used, as part of the use of the website. The user has the option to disable cookies from his browser settings.
Use Of Personal Data
The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offer the user the opportunity to communicate with other users of the website;
- implementation of a user assistance;
- customization of services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious softwares or malware) and security incident management;
- management of any disputes with users;
- sending commercial and advertising information, according to the preferences of the user.
Sharing Personal Data With Third Parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in connection with the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations regarding the protection of personal data. staff ;
- if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security And Confidentiality
The website implements organizational, technical, software and physical measures for digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the internet.
Implementation Of User Rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: firstname.lastname@example.org
• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user to verify its accuracy.
• the right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
• the right to delete data: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided by the RGPD.
• the right to oppose data processing: users may object to its data being processed in accordance with the assumptions set out in the GDPR.
• the right to portability: they can claim that the website gives them the personal data provided to them for transmission to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.
Article L. 217-4: "The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility. "
Article L. 217-5: "The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including 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, made known to the seller and the latter has accepted. "
Article L. 217-6: "The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them".
Article L. 217-7: "The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary. For the goods sold of used, this period is fixed at six months.The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "
Article L. 217-8: "The buyer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect has its origin in the materials it has provided itself. "
Article L. 217-9: "In case of lack of conformity, the buyer chooses between repair and replacement of the property.However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate in the other way, given the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer. "
Article L. 217-10: "If the repair and replacement of the property are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the buyer's complaint; 2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor. "
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12: "The action resulting from lack of conformity is prescribed by two years from the delivery of the property."
Article L. 217-13: "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 contractual or extra-contractual nature which is recognized by the law. "
Article L. 217-14: "The recursory action may be exercised by the final vendor against the successive sellers or intermediaries and the producer of tangible personal property, according to the principles of the civil code.
Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer for the refund of the purchase price, the replacement or the repair of the good or the service any other service related to the property, in addition to its legal obligations to ensure the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor.
In addition, he mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "
Article L. 217-16: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is after the request for intervention. "
Article 1641: "The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it or would have given a lower price if he had known them. "
Article 1648: "The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.