Terms of service

General Terms and Conditions of Sale

The present commercial site www.french-caramelle.com allows Caramelle to offer the sale of Accessories and Products for animals to Internet users browsing the Site (hereafter the "Customer").

The present conditions of sale are concluded:

-on the one hand by Caramelle, domiciled at Eschenstrasse 73, D-85716 Unterschleissheim, hereinafter referred to as "Caramelle"

-and on the other hand, by any natural or legal person wishing to make a purchase on the Caramelle website, hereinafter referred to as the Customer.

Subject

The present general terms and conditions of sale govern the contractual relationship between Caramelle and the Customer and are applicable to any order placed through the Caramelle website.

The Customer declares that he/she has read and understood the present general terms and conditions of sale.

The sale of accessories and products offered by Caramelle is subject to these general conditions. The fact of placing an order on the Site implies full and unconditional acceptance by the Customer of these general terms and conditions of sale.

These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly approved by Caramelle.

Caramelle reserves the right to modify its general conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the Customer.

Accessories and products offered for sale online

The Accessories and Products offered for sale online are those presented on the Site.

The Accessories and Products in stock presented by Caramelle are only valid while stocks last.

The Accessories and Products on pre-order presented by Caramelle are only valid within the limit of the time available for the pre-order.

The Accessories and Products are described by Caramelle on the Site with the greatest possible accuracy by means of descriptive sheets and photos. However, they cannot ensure a perfect similarity with the Accessories and Products offered, in particular with regard to colours.

Prices

The prices shown on the Site are indicated in euros, including VAT, and are only valid on the date the Customer validates the Order. Caramelle reserves the right to modify them, without prior notice, at any time, it being understood, however, that the accessories will be invoiced on the basis of the rates in force at the time the Order or Pre-order is registered.

Prices do not include delivery charges.  If the delivery is less than 85€ in France and Germany or 120€ in other countries, then delivery costs will be invoiced in addition and indicated before the validation of the Order or Pre-order. The prices take into account the VAT applicable on the day of the Order or Pre-order and any change in the applicable VAT rate will automatically be reflected in the price of the Accessories listed on the Site.

The price of Accessories shipped outside the European Union and French overseas departments and territories shall be calculated exclusive of tax. In this case, the Customer is considered to be the importer of the accessories. In the event that customs duties, import taxes or other taxes are payable due to the geographical destination of the products, these costs shall be borne by the Customer, who is advised to carry out the necessary checks and procedures prior to validating his/her Order.

Payments

Accessories and Products are payable in Euros at the time of the Order. Payments shall be made by credit card.

For payment by credit card, the Customer shall provide his/her credit card number, together with its expiry date and the cryptogram numbers appearing on the back of his/her credit card. In order to ensure the security of payments made online, the Customer accesses a dedicated space provided by Shopify payments, which ensures the security and recording of the payment order and the security of the payment itself. In this respect, the Customer expressly acknowledges that the communication of his/her bank card number to Caramelle through the Shopify payments company is equivalent to authorising the debiting of his/her account for the Accessories and Products ordered.

The cards accepted are credit cards: Visa, Mastercard, American Express.

The Accessories and Products delivered remain the property of Caramelle until payment is received. The transfer of risks to the Customer takes place upon delivery of the Accessories and Products.

The invoice for the Order will be available on the site in the customer account via "my orders" and in the order confirmation e-mail.

Payment in instalments with Alma. If you pay for your order in instalments, you accept the general customer conditions of Alma. In particular, you can only pay in instalments for purchases between € 1.00 and € 2,000.00. The charges applicable to this method of payment are, for each transaction, 1.55% of the amount of the transaction plus €0.00.

Orders and pre-orders

The procedure for placing an order on the site is subject to compliance with the various steps that the customer must follow to validate the order or the pre-order.

The customer selects the accessory(ies) and the product(s), if applicable the size and the quantity that he/she wishes to purchase on the site by clicking on the "Add to basket" box.

When the customer wishes to validate his/her order, he/she must click on the "Order" box accessible in the "Basket" tab.

The customer must then identify themselves. When registering, they must complete the form provided for this purpose under the "Registration" tab (in particular, name, first name, e-mail address, postal address, telephone number), as this information is mandatory for the processing and delivery of orders and the issuing of invoices. The customer must read the privacy and personal data processing policy and tick the box provided for this purpose. If the customer is already registered, he/she will fill in his/her login and password to identify him/herself.

The customer pays by choosing the payment method and filling in the necessary fields. 

After checking the summary of the order and by clicking on the "Pay my order" button, the customer acknowledges having read and accepted the full terms and conditions of sale of Caramelle.

The order or the pre-order is then registered and cannot be modified, without any detriment to the application of the article of the present general terms of service relating to the right of withdrawal. Upon receipt of the payment of the order or the pre-order, Caramelle sends a confirmation email summarizing the order (Accessories, price, quantity...).

In the case of a pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.

All data provided by the customer during the ordering process and the recorded confirmation of this order are proof of the transaction. Caramelle reserves the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order as long as this dispute is not resolved.

Delivery

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of the Customer or any other natural person of his/her choice, clearly specified at the time of the Order or Pre-order.

When registering the Customer's personal details, the Customer must ensure that the compulsory data provided is accurate and complete. In the event of an error in the recipient's personal details, Caramelle shall not be held responsible for the impossibility of delivering the Accessory(ies) and the Product(s).

Delivery times are indicated at the time of the Order. These times are indicative, expressed in working days, and correspond to the average processing and delivery times.

The Customer acknowledges that in the case of a Pre-order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time needed and the volume of production of all the pre-ordered products.

Caramelle cannot be held responsible for the consequences of a delay in delivery that is not of its making or that is due to an act of force majeure.

The delivery is deemed to have been made as soon as the Products are handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.

Upon receipt of the Accessories and Products, the Customer is required to check the condition of the packaging of the goods and to report any damage due to the carrier on the delivery slip, as well as to Caramelle, within three (3) days by sending an email to info@french-caramelle.com or by sending an email on the contact form on our site.

Standard delivery is offered from 85€ for France and Germany and from 120€ for other destinations. If the order or the pre-order is for an amount lower than those indicated above, the delivery rate will be indicated before placing the order or the pre-order.

Guarantee

Caramelle guarantees the conformity of its products in accordance with articles L217-4 and following of the French Consumer Code and will replace or reimburse any item with a hidden defect (articles 1641 and following of the French Civil Code).

In order to comply with your order, the Accessory or Product must correspond to the description given on the Site and possess the qualities presented or present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, particularly in advertising or labelling.

In accordance with Article L217-11 of the French Consumer Code, the cost of returning the product will be reimbursed, with proof, after the product is returned if the lack of conformity is confirmed. The Customer is therefore invited to keep the proof of return. Failing this, if the Customer does not enclose his proof, he will be reimbursed at the basic postal rate for the delivery of a parcel.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal mentioned above.

Return and refund procedures /Withdrawal

Any exchange or return must be declared by the Customer to Caramelle, via the exchange or return form on the Site.

To make a return, the customer must follow the procedure indicated in the "Returns and Refunds" section.

The Accessories must be returned by the Customer within fourteen (14) days after receipt of the order.

The Accessory must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing remarketing, not having been worn or washed), in order to request an exchange, refund or credit note.

If the parcel is lost or damaged when the Accessory is returned, the cost of the damage is to be borne by the Customer

Accessories that are not returned within the above-mentioned time limits and conditions will not be refunded or exchanged by Caramelle.

The return address is :

Caramelle

Eschenstrasse 73

D-85716 Unterschleissheim

The Customer must enclose a copy of the invoice or any other element enabling the identification of the Order in question and its holder with the request for withdrawal.

In accordance with Article L. 221-24 of the French Commercial Code, Caramelle undertakes to reimburse the sums collected in respect of the Order or Pre-order within thirty (30) days. This period shall run from the date of receipt by Caramelle of the Accessories returned by the Customer. 

The refund will be made by crediting the Customer's bank account corresponding to the bank card used to pay for the Order or Pre-order. If you have changed your bank account, remember to give your new bank details to your former bank.

For returns from countries outside the European Union, the customs declaration attached to the parcel must be marked "return of goods" and crossed out "sale of goods".

Transfer of ownership / transfer of risk

The transfer of ownership of the Accessories and the Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said products. However, the transfer of the risks of loss and deterioration of the products will be carried out for the benefit of the Customer upon receipt of the Accessories and Products by the Customer, who is responsible, in the event of damage or loss (e.g.: damaged package, already opened, etc.), for making any reservations and exercising any recourse with the postal services.

Responsibility

Caramelle cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Caramelle is not responsible for the content of sites to which hyperlinks may be made from its own Site.

Furthermore, Caramelle is exempt from any liability for any breach of its contractual obligations in the event of force majeure or unforeseen circumstances. Force majeure is any event, occurring independently of Caramelle and the Customer, which results in the partial or total prevention of the performance of contractual obligations. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by jurisprudence: total or partial strikes, internal or external to Caramelle, lock-outs, epidemics, earthquakes, fire, storms, flooding, water damage, blockage of means of transport or supply, governmental or legal restrictions, blockage of electronic communications.

In case of force majeure or fortuitous event, Caramelle undertakes to inform the Customer within seven (7) days of its occurrence. If this impediment continues beyond a period of fifteen (15) days, the Customer may request the cancellation of its order.

Intellectual property

All elements of the Site are and remain the exclusive intellectual property of Caramelle. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the Site whether they are software, visual or sound.

Downloading as well as printing of text, images and graphic elements are authorised for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of Caramelle. Failure to obtain such consent is punishable by the offence of counterfeiting. The trademark and logo appearing on the Site are registered and protected. Any total or partial reproduction of this brand and/or logo, made from the elements of the Site without the express authorisation of Caramelle, constitutes an infringement of copyright punishable by articles L.335-2 and following of the Intellectual Property Code.