General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by the company Bestie-Pets-Store.

Hereinafter, the following terms will be defined as:

"Site": the website "https://bestie-pets-store.com” and all its pages, exclusive property of the Company.

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

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

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

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

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, to print them and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read and fully accepts the GTC.

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

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

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

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

This Site offers online sales of animal products.

The Site is freely and gratuitously accessible to all Customers. The acquisition of a Product or Service implies the Customer's full acceptance of these GTC, by which they acknowledge having full knowledge of them. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC implies that Customers have the necessary legal capacity. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.

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

Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless a specific and prior derogating agreement from the Company has been made.

Article 3 – Customer service

The customer service of this Site is accessible by e-mail at the following address: Bestiepetsoff@gmail.com, via a form, or by postal mail at the address indicated in the legal notices. The Customer must indicate in the e-mail their first name, last name, the subject of their request, and their Order number.

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

Article 4 – Order placement procedures and purchasing process description

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

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

Below, "Shopping Cart" refers to the intangible item grouping all Products or Services selected by the Client on the Site for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Shopping Cart", the content of which can be modified at any time.

1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.

2. To place an order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer can review 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 to track their Order by email by checking the required box.

4. On the "Shipping" page, the Customer must choose the shipping method offered to them.

5. On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer also has the option to enter a promotional code if they have one.

6. A complete summary of the Order appears. The Customer has the option to modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, Products and contact information.

7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the full payment of the total price including all taxes, duly confirmed.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices in the catalog are in Euros, inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any potential contribution to processing and shipping costs.

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

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

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

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

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes only and remain dependent on potential delays from postal services or other special circumstances preventing delivery (protests, bad weather, etc.).

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

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

In the event of a hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then 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 the damaged goods returned. In the event of delivery to a mailbox, the customer undertakes to immediately check the package and contact Bestie Pets support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask for further instructions regarding their order. If the Customer mistakenly refused the package, they may request its re-shipment by first paying the postal fees for the new shipment. Postal fees will be due even for orders where shipping was free during the initial order.

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

Any delivery delay in relation to the date or period indicated to the Consumer Customer when ordering or, in the absence of an indication of date or period when ordering, exceeding thirty (30) days from the conclusion of the contract, may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if, after enjoining the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

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

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of their ordered product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days from Bestie Pets' receipt of the refund request.

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

It is recommended that the Customer return the package using a solution that allows for package tracking. Otherwise, if the returned package does not reach the Seller, it would not be possible to initiate an investigation with the postal services to request them to locate it.

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

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

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

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

Withdrawal form

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

To the attention of:

Bestie Pets

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

Order number:

Last name / First name:

Phone number:

Email address:

Postal address:

Reason for claim:

• Exchange* (specify desired product)

• Refund* (attach full bank details including IBAN and BIC)

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

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

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

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

All items acquired on this site benefit from the following legal guarantees, as provided by the Civil Code:

Legal guarantee of conformity

The Seller is obliged to deliver a product in conformity with the contract concluded with the Consumer Client and to be liable for any defects in conformity existing at the time of delivery of the Product. The conformity guarantee may be exercised if a defect exists on the day the Product is taken possession of.

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

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, considering the value of the good or the significance of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (obsolete product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (including return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller, Bestie Pets, cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will not incur any liability for any indirect damage arising from these terms, loss of operations, loss of profit, damage, or expenses that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement, 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 Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

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

• any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of clientele, or data that may result from the use of the Site, or conversely from the impossibility of its use;

• a malfunction, unavailability of access, improper use, improper configuration of the Client's computer, or the use of a browser not commonly used by the Client;

• the content of advertisements and other external links or sources accessible by Clients from the Site.

Therefore, the Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are incorrect or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, are considered as cases of force majeure or unforeseeable circumstances, to the extent that their occurrence makes the performance of obligations totally impossible.

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

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

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

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

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

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

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

Any reproduction, representation, adaptation of logos, textual, pictorial, or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client who commits counterfeiting may have their account deleted without prior notice or compensation, and without this deletion constituting damage to them, and without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by Bestie Pets, or possibly by one of its partners. Anyone who proceeds with their representations, reproductions, embeddings, distributions, and redistributions incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of Personal Data

1. The Company collects Client data:

2. a) for the purposes of processing and tracking the Client'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 product updates and customer relationship management; (and/or)

4. c) for the purposes of collecting information allowing us to improve the Site and our Products (particularly through cookies).

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

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

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

The Client can exercise their rights by e-mail to Bestiepetsoff@gmail.com

Article 13 – Comments and Other User Submissions

If the Client sends ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments the Client sends.

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

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

The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or proprietary rights. The Client agrees not to write comments containing unlawful, defamatory, offensive, or obscene content, and that they will not contain computer viruses or other malware that could affect the operation of the Site or associated websites. The Client agrees not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Client is solely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability for comments published by the Client or any third party.

Article 14 – Severability

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

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

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

Article 15 – Applicable Law and Mediation

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

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card. 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 void and unenforceable shall not call into question the validity of the other stipulations and does not exempt the Client from the performance of their contractual obligations.

Indemnity

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

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

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

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

The dispute cannot be examined by the Mediator if:

- the Client does not prove having previously attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

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

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

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

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

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

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

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card or 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 void and unenforceable shall not call into question the validity of the other stipulations and does not exempt the Client from the performance of their contractual obligations.

Parts Warranty:

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