CGV (General Conditions of Sale)
THE
Harrison Pet Products, registered in the Ontario Corporate Registry under number 0001232090; 144 Dawn Avenue, Guelph, N1G 4X2, Ontario, Canada, Email: info@harrisonpet.com
- hereinafter referred to as “provider” or “we” -
- 1 Scope of application, definitions
(1) The following general terms and conditions apply exclusively to the business relationship between us (the provider) and the customer (hereinafter "customer") in the version valid at the time of the order ("General Terms and Conditions"). Our general terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer do not apply, unless the provider expressly agrees to their validity in writing. This requirement of consent also applies if we carry out the delivery to the customer without reservation, even if we are aware of the customer's general terms and conditions.
(2) The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. Furthermore, an entrepreneur is any natural or legal person or partnership with legal capacity who, at the time of conclusion of the contract, is acting in the exercise of his commercial or independent professional activity.
- 2 Order process, conclusion of contract
(1) The customer can select products, in particular pet food and accessories, from the supplier's range on the website "chicopee-petfood.fr" and retrieve them in a shopping cart called "Add to cart". The customer accesses the website of this shopping cart by clicking on a pictogram representing a stylized shopping cart. In the shopping cart, the customer sees a summary of the products he has collected and the prices offered for them (net and gross prices as well as the total gross amount for the entire contents of the shopping cart) and can modify or delete the corresponding order. quantities. The "Continue payment" button takes you to a website on which you can log in as an existing customer using the "Register" button or continue the order process without a customer account and receive your delivery information for the further ordering and shipping process (in particular your email address, your name, your billing and delivery address). The customer can then use the "Continue" button to access a website where he can select the payment method he wants from various predefined payment methods and use another button to enter the necessary information regarding the payment and also provide information about discount campaigns or gifts. credit card. This website also shows the customer a final overview of the essential information regarding his order, in particular the different goods, the prices of the goods, the shipping costs and the customer's delivery address. By clicking on the "Order with payment" button, the customer finally submits a binding request to purchase the goods contained in the shopping cart. Before confirming the order (i.e. before clicking on the "Order with payment" button), the customer can change the order data at any time by returning to the order process. The application can only be submitted and transmitted (by clicking on the "order with payment" button) if the customer checks the box before entering his payment details during the ordering process in order to ensure that our general terms and conditions (which are also linked there) are valid to accept the data protection information and thus include it in his application. If the customer has not yet logged in with an existing customer account during the ordering process, after placing the order he has the option of creating his own customer account by clicking on the "Create account" button.
(2) The supplier then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer's order is listed again and which the customer can print out. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the request. The contract is only concluded when the supplier sends an express declaration of acceptance to the customer in a separate e-mail (order confirmation).sends the ordered goods without reservation. By means of the order confirmation or at the latest upon delivery of the goods, we will send the customer the text of the contract (consisting of the order, the general terms and conditions and the order confirmation) on a durable medium (e-mail or paper printout). . We will save the text of the contract in compliance with data protection. The customer also receives his invoice and a shipping confirmation by e-mail (separately or together with the order confirmation).
(3) The contract is concluded in French.
(1) The delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no delivery time or a different delivery time is specified for the relevant goods in our online shop, this is 2 to 8 working days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier will inform the customer immediately in the order confirmation. In the event of permanent unavailability of the product, the supplier will not issue a declaration of acceptance. No contract is concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately in the order confirmation.
(4) We are not obliged to deliver to the customer if our suppliers do not supply us correctly and on time. However, we can only rely on this guarantee towards the customer if we have concluded a compliant hedging transaction with our supplier, if we have been disappointed by our supplier and if we are not responsible for the non-delivery or late delivery. To the extent that we can rely on this self-delivery reservation, the customer is not obliged to pay or will receive a refund for payments already made.
(5) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: France
- 4 Reservation of ownership
The delivered goods remain the property of the supplier until full payment.
- 5 Prices and shipping costs
(1) All prices stated on the Supplier's website include the applicable statutory sales tax (unless otherwise stated during the ordering process).
(2) The corresponding shipping costs (postage) are only indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal. For deliveries within France, postage is free for orders over 50.00 euros and provided that the contract is not subsequently terminated by the customer; otherwise, the postage to be borne by the customer amounts to EUR 7.00 in all cases.
(3) The goods are dispatched by post. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of cancellation, the customer must bear the direct costs of return. If delivery to the customer was initially free of charge based on the value of the ordered goods (see paragraph 2, sentence 2), the customer may be charged EUR 7.00 for delivery in the event of cancellation.
- 6 Payment Methods
(1) The customer can make payment via (currently) PayPal, (future) Matercard, VISA, GiroPay or PayDirekt.
(2) The customer may change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately after conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by failing to meet the deadline. In this case, he must pay the service provider default interest for the year. Hv 5 percentage points above the respective base interest rate.
(4) The customer's obligation to pay default interest does not exclude the supplier from asserting further damages due to the delay.
- 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for items delivered by the service provider is 12 months.
(2) An additional warranty only exists for goods delivered by the supplier if this has been expressly provided for in the order confirmation for the item in question.
- 8 Responsibility
(1) Claims for damages by the customer are excluded. Excluded are claims for damages by the customer resulting from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for foreseeable and contract-typical damages if these were caused by simple negligence, unless they are claims for damages by the customer resulting from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the benefit of the legal representatives and vicarious agents of the service provider if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the supplier and the customer have reached an agreement on the nature of the goods. The provisions of the Product Liability Act remain unaffected.
- 10 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the supplier and the customer, regardless of the language of the contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions concerning the restriction of the choice of law and the applicability of mandatory provisions, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the customer and the provider is the registered office of the provider, i.e. 74572 Blaufelden-Wiesenbach.
(3) The remaining parts of the contract remain binding even if individual points are legally invalid. In place of the ineffective points, the statutory provisions apply, if they exist. However, if this represents an excessive burden for one of the contracting parties, the contract as a whole will be invalid.