1. Identification of the company 2. Acceptance and completeness of general terms and conditions 3. Object and sales contract 4. Effective date and duration 5. Product information 6. Product availability 7. Prices 8. Orders: drawing up, validation and confirmation 9. Proof of transaction 10. Payment methods 11. Right of cancellation 12. Costs and delivery methods 13. Delivery errors – non-compliant products 14. Product warranties 15. Partial non-validation 16. Non-waiver 17. Disputes 18. Applicable law 19. Privacy protection
1. IDENTIFICATION OF THE COMPANY
corporate name: FAUN'HOME legal status: LTD Address of headquarters: 6 London Street, Second Floor London W2 1HR England
2. ACCEPTANCE AND COMPLETENESS OF GENERAL TERMS AND CONDITIONS
The present general terms and conditions govern the contractual relationships between the party of the first part, the Faun'Home scris company, hereinafter referred to as ¨the vendor¨, and, the party of the second part, the customer of the on-line shop Faun'Home, hereinafter referred to as ¨the purchaser¨.
The general terms and conditions specify all obligations for each party. All orders made by the purchaser can be validated only after the unqualified acceptance of all the provisions intended in the present general terms and conditions. To that effect, an ¨I accept¨ icon has been inserted into the ordering process as well as a hyperlink to these same general terms and conditions. The ordering process will be able to continue only after the purchaser has clicked on the ¨I accept¨ icon: the purchaser then acknowledges that he or she has been clearly and completely informed regarding the completeness of these procedures.
Moreover, the present terms will prevail over all other conditions, general as well as specific, and appearing on all documents sent or submitted by the purchaser, unless previously expressly exempted, in writing, by the vendor.
3. OBJECT AND SALES CONTRACT
The object of the present general terms and conditions is to specify the overall rights and obligations of the parties described above, within the scope of the online sale of goods. Notably, they specify sales, payment, delivery and future return methods for goods advertised in the vendor’s store.
The sales contract is composed of contractual documents which fall in the following priority order 1) the present general terms and conditions 2) the purchase order In the event of contradictions between documents of a different rank, the stipulations of the higher ranking document will always prevail.
4. EFFECTIVE DATE AND DURATION
The present general terms and conditions come into effect on the actual order date and registration date of one or more product(s). They are intended to be applicable during the time period required for the supply of the aforementioned product(s) until the expiration of the guarantee.
The vendor reserves the right to change the present general sales conditions; the applicable conditions will always be those in effect on the site on the actual order date.
5. PRODUCT INFORMATION
The vendor does not represent any manufacturer of products for animals, and consequently has complete independence in the selection of products shown in its online shop.
The product photos, as well as the information and characteristics of these products reproduced in the shop, are not in any way contractual. The vendor cannot be made accountable for errors or omissions in one of these, nor in the event of changes to product characteristics by the suppliers.
The vendor reserves the right, at any time and without prior notice, to add or remove products from the shop.
The vendor commits to providing all necessary information, in accordance with the law, so that all potential purchasers may have the possibility of being aware of the essential characteristics of products they wish to purchase, before a final order is taken.
6. PRODUCT AVAILABILITY
All orders from the purchaser will be filled within the available stock limits at our logistics site or subject to orders awaiting delivery from the vendor’s suppliers. In any event, the order will be executed within 30 days at the most following the actual order date.
In the event that an item is unavailable in stock, if the purchaser only ordered the one item: the vendor must notify the purchaser as soon as possible via e-mail that this product is unavailable and what the re-stocking timeframe will be. The purchaser then has the choice to either wait for the delivery of the aforementioned product once the vendor has re-stocked, or to request an exchange product (depending on a future reimbursement of the difference in price or an extra payment from the purchaser if the ¨new¨ product chosen proves to be more expensive), or to request that the order be cancelled and reimbursement provided. The vendor commits to return the entire sum within 30 days at most from the date the purchaser was notified of the unavailability. If the case involves the order of several products: the unavailability of one product is notified to the purchaser as soon as possible via e-mail. The purchaser can then choose either to wait for re-stocking to occur in order to receive the order in its entirety, or to cancel the order of the product which is unavailable in stock, or to replace the product with, depending on the case, a reimbursement of all or part of the amount for this item, or payment of the difference to the vendor.
Due to the fact that the information on the availability of products is transmitted by the vendor’s suppliers, the unavailability of one or more of these products does not in any way make the vendor accountable, nor does it open the door for the purchaser to claim damages and interest..
The vendor will not be held accountable for not executing a contract due to a product being out of stock or unavailable because of events of force majeure such as a disturbance or complete or partial strike notably of postal services and other methods of transportation and/or communication, in the event of fire, flooding or other natural disasters, in the event of war, riot, etc.
7. PRICE
The price of products advertised at the vendor’s online shop are always expressed in euros and are VAT included (all taxes included). The exact amount of these taxes will always be clearly indicated in the order summary report, as well as on the invoice.The applicable VAT is the one in effect at the time of actual order by the purchaser, and any legal change to the VAT rate will automatically be added to the product prices offered in the online shop, on the date specified by the implementing order.
These prices are applicable only on the order validation date, and never include delivery fees.These are invoiced separately and specified before the final order validation.
The total price specified in the purchaser’s order summary report is the final price: it includes the total price of the order with the details of each product purchased and the delivery fees.
The vendor reserves the right to change, at any time, the product prices offered at the online shop.
The entire payment must be made during the order.In no case will the amounts paid be considered as deposits or partial payments.Products remain the vendor’s property until the complete payment of the price requested by the vendor is received.
8. ORDERS: AWARDING, VALIDATION AND CONFIRMATION
During the awarding of an order, the purchaser provides, under his/her entire responsibility, the information required to register this order and for its execution (delivery); this includes the last name, first name, complete address, e-mail address, delivery address (if different from the invoicing address).During the registration, the purchaser creates his/her own account and can select a password.Next, a tab gives the purchaser the possibility toaccess his/her own information at any time and to change it if necessary.All of the purchaser’s information is completely secure by the ad hoc computer program.
The registration and validation of the order at the vendor’s shop occurs when the purchaser clicks on the ¨I accept¨ icon after having selected and validated the payment method.This registration includes not only the acceptance of the order’s content but also the present general terms and conditions.This constitutes a proof of the contract awarding date (the final validation of includes an electronic signature which has the same value between parties as a handwritten signature) and will require the amounts committed to by the order.
The contractual information will be subjected to a confirmation via email, at the address specified by the purchaser.
The sale is only considered complete: in the event of a bank card payment or via net banking when acceptance of the payment on the secured Ogone space and when the order has been confirmed by the vendor; in the event of a bank transfer payment, when the entire order payment has been received and the vendor has confirmed. Cheques are not accepted.
The vendor reserves the right to refuse or cancel all new orders stemming from a purchaser already involved in litigation with the vendor.
In the event of an error in the wording of the addressee’s contact details, the vendor will not be held accountable for the impossibility of the delivery. In this case, the delivery fees will not be reimbursed to the purchaser.In addition, the vendor will not be held accountable for any delays in delivery caused by an error or an approximation that occur during inputting of the purchaser's contact details by the purchaser.
The order invoice is sent to the purchaser via e-mail as soon as his/her parcel leaves our logistics site.
9. PROOF OF TRANSACTION
All orders placed are recorded in the computer registry and preserved in the vendor's computer system under the most appropriate security conditions.
The retention of purchase orders and invoices is done on reliable and durable computer media which can be used as proof and will be used as such for all disputes regarding communication, orders and payments that have taken place between the vendor and the purchaser.
The purchaser always has the possibility of monitoring or simply viewing his/her past orders in his/her customer account.
10. PAYMENT METHODS
All orders are payable as of the actual order date.In order to honour this, the purchaser has a choice of payment methods intended within the purchase order, which are: - credit cards (Visa, MasterCard, and American Express) and debit cards (Solo, Swich, Maestro) - Paypal
Cheques are not accepted.
The vendor reserves the right to suspend or cancel any order or delivery in the event of: a payment authorization refusal via bank card from the accredited organizations non-payment. The purchaser will then be notified via e-mail.
More specifically, the vendor reserves the right to refuse a transaction from a purchaser who has not yet paid, totally or partially, a previous order, or who is in litigation with the vendor.
The ownership of products remains fully and completely acquired by the vendor until full payment of sums owed by the purchaser has been received, fees and taxes included.
The vendor guarantees the purchaser that all payments are made following completely secure and encrypted protocols.Neither the vendor nor any third parties will have access to the purchaser’s banking information at any time.
11. RIGHT TO CANCELLATION
As is provided by the law regarding electronic commerce, the purchaser has the right to cancel for seven (7) business days, starting from the time when the product ordered is received.
During this timeframe, the purchaser has the irrevocable right to return his/her order, without having to provide any justification, and without incurring any penalties.As is specified by the law, only the fees inherent in the return are entirely at his/her expense, except if the product(s) delivered do/does not correspond to the offer description, or in the case of a clear error on the part of the vendor regarding the delivered products (does not correspond to what was ordered).
All returns must be notified in advance to the vendor's customer service (support@faunhome.helpserve.com), which will give the purchaser a reference number to quote during the return.
Only products returned in their entirety will be accepted, with, notably, the labels and original packaging, all being in perfect and intact condition.The vendor will not reimburse or exchange any product that is not complete, any product that has been damaged, soiled, already used or a product that has packaging that has deteriorated (except in problems caused by transport: see article regarding transport).
In the event that this right is exercised, the vendor leaves the purchaser the choice of: either being fully reimbursed with the total order amount (but not the reshipment fees) or exchanging or selecting other products from the online shop for an equivalent amount (with, if applicable, payment or reimbursement of the difference in price).
In the event of a reimbursement, the latter will always be made within 30 calendar days after reception of the returned product, and solely by bank transfer to the purchaser’s account.The purchaser will thus make certain to provide his/her complete banking information (IBAN and BIC codes for a European transfer) in order to make this reimbursement possible.
12. FEES AND DELIVERY METHODS
Delivery fees vary in accordance with: the total weight of products ordered the total amount, VAT included, of the order (excluding shipping fees) the delivery zone.
For other destinations: It is absolutely necessary to consult the vendor, prior to all orders.
At the time of the order, the purchaser has, if applicable, the choice of transport company.Deliveries take place during the week, from Monday to Friday between 8.00 and 18.00.In the event of absence, a notice is left at the purchaser's address with an obligation to go retrieve the parcel at the specified postal office, or a notice of a second attempt is posted.In the case of repeated absences by the purchaser, creating a return of the products to the vendor, the fees inherent in this return will be charged to the purchaser.
The vendor cannot be held responsible for any delay or impossibility of delivery caused by an error in the input of the purchaser’s delivery information, nor for any cases of force majeure preventing delivery (total or partial strike of transporters, a war, riot, accidents, fire, natural disasters, impossibility of delivery by the supplier etc.).
The usual delivery timeframes recorded range from 3 to 6 business days.These timeframes are given solely for informational purposes and cannot be put forward against the vendor.However, the latter commits to delivering the products within 30 calendar days from the date of ordering; if not the choice is given to the purchaser to either be fully reimbursed or to select (an)other product(s).
Products are always shipped at the addressee’s risk.However, the purchaser must always verify his/her parcel upon delivery and if he/she observes that a product is missing or if a parcel is open or damaged, he/she is expected to follow the procedure below: keep the parcel (and the product) in its condition formulate written reservations on the copy of the purchase order presented by the delivery person in addition to these reservations, confirm the anomaly via recorded delivery post with acknowledgement of receipt addressed to the transporter within the two business days following delivery (and send a copy of this to the vendor) Contact the vendor’s customer service (support@faunhome.helpserve.com) in order to notify them of the problem.The vendor will start an inquiry with the postal services or with the transporter in order to check the origin of the problem.Only after the investigation has been completed will the vendor be able to provide an exchange or replacement, whatever the case may be.
13. DELIVERY ERRORS – NON-COMPLIANT PRODUCTS
Within a maximum of three business days following the reception of the parcel, the purchaser is expected to notify the vendor, via e-mail to customer service (support@faunhome.helpserve.com) confirmed by recorded delivery letter, regarding all claims of delivery errors and/or non-compliant products, in nature or quality in comparison to what was ordered.All claims sent after this timeframe will be rejected without possibility of remedy and will free the vendor of any accountability.
At the time of the claim, the vendor will assign a return reference number to the relevant product(s) and will communicate this by e-mail to the purchaser.Any intervention is subject to the assignment of such a reference.
In the case of a delivery error or exchange, all products will have to be returned to the vendor in perfect condition, in the original packaging and as a recorded delivery and guaranteed item to the address given by the vendor.In all cases, the return is done at the purchaser’s risk.
Upon presentation of justifications and within the limits of reasonable costs for a recorded delivery item, the vendor commits to reimburse the return fees paid by the purchaser, except in the case of non-compliance of the product returned with the claim made by the purchaser in his/her shipping order.
In the event that the procedure above is not followed, no claim for non-compliance or noticeable defects of products delivered will be accepted.
14. PRODUCT WARRANTIES
In accordance with European law, the provisions in the present general terms and conditions cannot exclude the purchaser from the legal warranty which obligates the professional vendor to provide a warranty against all consequences of hidden defects in the products sold.
On the other hand, the purchaser is expressly informed that the vendor, the FAUN'HOME LTD Company, is not the manufacturer of the products offered in its online shop.Consequently, in the event of damages caused to a person or property by a product defect, only the liability of this product's manufacturer can be engaged by the purchaser, based on the information displayed on the packaging of the aforementioned product.
Furthermore, the products proposed by the vendor are in compliance with applicable laws in effect in Belgium.
The purchaser remains the sole judge of the compatibility of the product ordered with those already in his/her possession and must make normal and proper use of the product purchased from the vendor, without taking unnecessary risks, taking into account their purpose.The vendor will never be held liable for any abusive or inappropriate use of products purchased from its online shop, nor for any future modifications made by the manufacturer/supplier upon the composition of items sold in the aforementioned shop.
15. PARTIAL INVALIDITY
If one or more stipulations of the present general terms and conditions are considered invalid or declared to be such by the application of a law, a regulation or further to a final decision of a competent jurisdiction, the other stipulations will retain all their effect and scope.
16. NON-WAIVER
The fact that one of the parties does not take advantage ofa failure by the other party regarding one or more of the obligations aimed at in the present general germs and conditions may not be interpreted in the future as a waiver of the obligation in question.
17. DISPUTES
The purchaser and vendor will always give priority to an amicable solution before proceeding with any legal remedy.
In the event of litigation, only the courts of the district of London will be declared as competent.
18. APPLICABLE LAW
Concerning both substantive and technical regulations, the present general terms and conditions are subject to Belgian law.
19. PRIVACY PROTECTION
The nominative personal information which is collected at the vendor’s online shop is required for the processing of orders, for their delivery as well as for establishing the invoice in the purchaser's name.
Any error in the essential data information for any of the items listed above will lead to the cancellation of the order.
This information will be able to be communicated to the vendor’s contractual partners that are involved in the execution of the orders.
In accordance with the law of 8 December 1992, regarding Privacy Protection, the purchaser has the right to object to such communication, or, in a more general manner, to exercise his/her right to access, modify, correct or delete the data related to him.
The purchaser can exercise this right by contacting the vendor (FAUN'HOME): either by e-mail at the following address: support@faunhome.helpserve.com or in writing at the following address: Faun'Home Ltd Régis WATRISSE 6 London Street, second floor London W2 1HR England
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