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LEGAL INFORMATION

Terms and conditions of use

Last updated on 01/03/2024

The purpose of these general terms and conditions of use (the "GTCU") is to provide a legal framework for the terms and conditions under which Mel Pet & Co makes the site and its services available, and to define the conditions under which the "User" may access and use the services.

These GTU are available on the site under the heading "Legal information".

Any registration or use of the site implies the User's unreserved and unrestricted acceptance of these GCU. When registering on the site via the Registration Form, each user expressly accepts these GCU by ticking the box preceding the following text: "I acknowledge having read and understood the GCU and I accept them".

In the event of non-acceptance of the GTU stipulated in the present contract, the User must renounce access to the services offered by the site.

melpetandco.fr reserves the right to unilaterally modify the content of these GTU at any time.

 

Article 1: Legal notice​

The melpetandco.fr website is edited and published by Mélanie BORGNE, 24 Rue Gérard de Nerval 29200 BREST.

Phone number 06 43 89 49 10

E-mail address contact@melpetandco.fr

The company is registered in the French trade register under the number 88382085400023 and its VAT number is FR69883820854. 

 

The host of the melpetandco.fr website is Wix.com, whose head office is located in Tel Aviv.

 

ARTICLE 2 : Access to the site

The melpetandco.fr website offers the following services:

Sale of digital and printed magazines, sale of canine products and accessories.

The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User's expense.

 

Non-member Users do not have access to reserved services. To do so, they must register by filling in the form. By agreeing to register for the reserved services, the member User undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his e-mail address.

To access the services, the User must then identify himself using his login and password, which will be sent to him after registration.

Regularly registered User-members may also request to be removed from the list by visiting the dedicated page in their personal space. Unsubscription will take effect within a reasonable time.

Melpetandco.fr shall not be held liable for any event of force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.

The User may contact the site by e-mail at the publisher's e-mail address given in ARTICLE 1.

 

ARTICLE 3 : Data collection​

The site ensures that the User's personal information is collected and processed in compliance with the French Data Protection Act n°78-17 of January 6, 1978.

Under the French Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and object to his or her personal data. The User may exercise this right :

- by e-mail to contact@melpetandco.fr

 

ARTICLE 4 : Intellectual property​

Trademarks, logos, signs and all site content (text, images, sound, etc.) are protected by the French Intellectual Property Code, and more specifically by copyright.

 

The Mel Pet & Co brand is a registered trademark of Mélanie BORGNE, and any representation and/or reproduction and/or partial or total use of this brand, of any kind whatsoever, is totally prohibited.

 

The User must request prior authorization from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context. Any use for commercial or advertising purposes is strictly forbidden.

Any total or partial representation of this site by any means whatsoever without the express authorization of the website operator constitutes an infringement punishable by article L 335-2 et seq. of the French Intellectual Property Code.

In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.

 

ARTICLE 5 : Responsibility​

The sources of the information published on the melpetandco.fr site are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions.

The information provided is for general guidance only, and has no contractual value. Despite regular updates, the melpetandco.fr site cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site.

Users are responsible for keeping their password secret. Any disclosure of the password, in whatever form, is forbidden. The User assumes all risks associated with the use of his/her login and password. The site declines all responsibility.

The melpetandco.fr site cannot be held responsible for any viruses that may infect the computer or any other hardware of the Internet user, following use, access or downloading from this site.

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

 

ARTICLE 6 : Hypertext links​

Hypertext links may be present on the site. The User is informed that by clicking on these links, he/she will leave the melpetandco.fr website. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

 

ARTICLE 7 : Cookies

The User is hereby informed that when visiting the site, a cookie may be automatically installed on his/her browser.

Cookies are small files stored temporarily on the hard disk of the User's computer by your browser and which are necessary for the use of the melpetandco.fr website. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.

The information contained in cookies is used to improve the melpetandco.fr site.

By browsing the site, the User accepts them.

However, the User must give his or her consent to the use of certain cookies.

In the absence of consent, the User is informed that certain functions or pages may be denied.

The User may deactivate these cookies using the settings in his/her browser software.

 

ARTICLE 8: Publication by the User

The site allows members to publish the following content:

Comments, messages on the forum, personalization of their public member profile.

In their publications, members undertake to respect the rules of Netiquette (rules of good conduct on the Internet) and the legal rules in force.

The site may moderate publications and reserves the right to refuse their publication online, without having to justify this to the member.

Members retain full ownership of their intellectual property rights. However, by publishing a publication on the site, he/she transfers to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorized third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use his or her publication on the Internet and cell phone networks.

The publishing company undertakes to include the member's name close to each use of his or her publication.

The User is solely responsible for any content posted online. The User undertakes not to put any content online that could harm the interests of third parties. Any legal action taken by a third party against the site will be borne by the User. CHASSEOTRESOR1 - Congratulations, you've found it!

The User's content may be removed or modified by the site at any time and for any reason, without prior notice.

 

ARTICLE 9: Applicable law and jurisdiction​

This contract is governed by French law. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction.

If you have any questions concerning the application of these GCU, you may contact the publisher using the contact details given in ARTICLE 1.

Terms and Conditions of Sale

Last updated on 01/03/2024

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the melpetandco.fr website. The Products offered for sale on the site are as follows:

Digital and printed magazines (single sales and subscriptions); dog accessories, textiles, magazine advertising, graphic design services, photo and video shoots, website creation and online training.

 

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the melpetandco.fr website, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

 

These General Terms and Conditions of Sale are accessible at all times on the melpetandco.fr website and shall prevail over any other document.

The customer declares that he/she has read and accepted these terms and conditions of sale by ticking the appropriate box before placing an order on the melpetandco.fr website.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Vendor's contact details are as follows

Mélanie BORGNE

24 Rue Gérard de Nerval 29200 BREST

Company registration number: 88382085400023

Email : contact@melpetandco.fr

Phone number : 06 43 89 49 10

Intracommunity VAT number FR69883820854

The Products presented on the melpetandco.fr website are offered for international sale.

 

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes, import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

 

ARTICLE 2 - Prices

The Products are supplied at the prices in force on the melpetandco.fr website at the time the order is registered by the Vendor.

Prices are in Euros and include VAT.

Prices take into account any discounts granted by the Seller on the melpetandco.fr website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

 

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - Orders

It is the Customer's responsibility to select the Products he/she wishes to order on the melpetandco.fr website, as follows:

Select the Products you wish to order by clicking on the "Add to basket" button next to them. The product is then placed in the shopping cart. Until your order has been dispatched, you can modify your selection at any time, change the quantity of products, remove an item from the basket or cancel the order. Click on the "Continue Order" button to proceed with your order.

 

Registration is required to complete the order. If you already have a user account, please log in with your e-mail address and password. If you do not have an account, please register as a new customer. We collect, process and use your data in accordance with the applicable data protection legislation. Your data will not be used for other purposes or passed on to third parties. If you are already logged in to your user account, you can continue directly to the order process and select a delivery and billing address.

 

Please check your delivery and billing address. If you wish, the delivery address can be different from the billing address. Click on the "Continue" button to move on to the next order step.

 

Select the delivery method of your choice and click on "Continue" to proceed to the next order step.

 

Here you can select the payment method of your choice. To continue the order process, click on the "Continue" button.

 

Before completing the order process, all your order details will be displayed again. Please double-check all the information and read the terms and conditions carefully. An order can only be dispatched once the terms and conditions have been accepted. Click on the "Order now" button to confirm your order. This is your agreement to a binding offer.

 

Finally, depending on the product you have chosen: digital or printed, you will receive your product by e-mail within a few minutes. Or by post.

 

Please note that for printed magazines, delivery times depend on transport and delivery services (Post Office, etc.). Shipping times for printed magazines are shown in the product description.

 

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will not be considered valid until full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the melpetandco.fr website constitutes the formation of a distance contract between the Customer and the Seller.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may follow the progress of his/her order on the website.

 

Any cancellation of the order by the Customer after its acceptance by the Vendor will only be possible within 24 hours at the latest after acceptance of the order by the Vendor and as long as the delivery has not taken place (independently of the provisions relating to the application or not of the legal right of retraction).

 

ARTICLE 3 Bis - Customer area - Account

In order to place an order, the Customer is invited to create an account (personal space).

To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.

The Customer is responsible for updating the information provided. Customers are informed that they can modify this information by logging into their account.

To access his personal space and order history, the Customer must identify himself using his strictly personal user name and password, which will be sent to him after registration. The Customer agrees not to divulge them to any third party. Should he/she do so, he/she shall remain solely responsible for any use made thereof.

The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an e-mail to: contact@melpetandco.fr. Unsubscription will take effect within a reasonable time.

 

In the event of non-compliance with the general terms and conditions of sale and/or use, the melpetandco.fr website may suspend or even close a customer's account after formal notice has been sent by e-mail and has remained without effect.

Any account deletion, for whatever reason, will result in the deletion of all the customer's personal information.

The Vendor shall not be held liable for any event of force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of the present terms and conditions of sale.

 

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following methods:

payment by PayPal and by credit card

 

The price is payable in cash by the Customer, in full, on the day the order is placed.

 

However, where this option is indicated on the melpetandco.fr website, the customer may pay in accordance with the following terms and payment schedule:

Monthly subscription or annual subscription in cash, advertising in the magazine and graphic design services, photo and video shoots, and website creation.

 

In this case, in the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount including VAT of the purchase price appearing on the said invoice, will be automatically acquired by the Vendor, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect.

In addition, the Vendor reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress placed by the Customer.

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the melpetandco.fr website.

 

Payments made by the Customer will not be considered final until the Seller has received the sums due.

 

 

The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

 

 

No reimbursement can be claimed for advertisements in the magazine, graphic design services, photo and video shoots, website creation and training online.

 

ARTICLE 5 - Delivery

Products ordered by the Customer will be delivered in mainland France and abroad.

Deliveries are made within the delivery time indicated in the product descriptions, to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

 

If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

 

In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered. He has a period of 14 days from delivery to file a complaint by e-mail to contact@melpetandco.fr, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

 

The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

 

 

ARTICLE 7 - Right of withdrawal

Under the terms of article L221-18 of the French Consumer Code "

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good".

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

Return shipping costs will be borne by the customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 - Responsibility of the Vendor - Warranties

Products supplied by the Vendor benefit from :

the legal guarantee of conformity, for defective, spoiled or damaged Products or Products which do not correspond to the order,

the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

 

Legal warranty provisions

Article L217-4 of the French Consumer Code

"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

 

Article L217-5 of the French Consumer Code

"The good conforms to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable :

- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

 

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them.

 

Article 1648 paragraph 1 of the French Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

 

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

 

The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

 

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.

 

The Vendor cannot be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.

The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

ARTICLE 9 - Personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by the Vendor, as well as for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.

 

9.1 Collection of personal data

The following personal data are collected on the melpetandco.fr website:

 

Account opening

When creating a customer/user account: 

Full name, postal address, telephone number and e-mail address.

 

Payment

When paying for Products offered on the melpetandco.fr website, the melpetandco.fr website records financial data relating to the Customer's bank account or credit card.

 

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

 

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.

 

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

 

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Enforcement of customer and user rights

In application of the regulations applicable to personal data, Customers and users of the melpetandco.fr website have the following rights:

They may update or delete their personal data as follows:

Send an e-mail to contact@melpetandco.fr.

They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".

They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".

If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

They may also request the portability of data held by the Vendor to another service provider.

Finally, they may object to the processing of their data by the Vendor.

These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must reply within a maximum of one month.

Any refusal to grant the Customer's request must be justified.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. The Customer may withdraw this consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual property

The content of the melpetandco.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

 

For any complaint, please contact the customer service department at the Vendor's postal or e-mail address indicated in ARTICLE 1 of these GCS.

The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example). 

Within the framework of the mediator's obligation, the seller designates the mediator agreed with the SNPCC: 

Yves LEGEAY - Consumer mediator with the SNPCC

22 Boulevard A.MILLERAND

44200 NANTES 

www.mediateurprofessionchienchat.fr 

mediateur-conso@contact-snpcc.com / secretariat-conso@contact-snpcc.com

 

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform. 

All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

 

 

APPENDIX I

Withdrawal form

 

 

Date ______________________

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on melpetandco.fr, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of Mélanie BORGNE

24 Rue Gérard de Nerval 29200 BREST

I hereby give notice of withdrawal from the contract for the goods listed below:

- Order of (indicate date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer address: .......................................................................

 

 

Customer's signature (only if this form is sent on paper)

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