Shoripette
Terms and conditions
Preamble
Shoripette, whose head office is located at 9, rue Abel Ferry, 75016 Paris, registered under number 844 160 382 R.C.S. Paris (hereinafter “Shoripette” or “us”) is in the business of connecting individuals and/or legal entities, prospects and/or clients (hereinafter “Members”) remotely with partner service providers providing goods and/or services related to the life of pets (hereinafter “Partner Providers”) in the conditions described in the below Terms and Conditions (hereinafter “Terms and Conditions” or “T&C”).
We thus intervene exclusively as intermediary in the relations between the Members and the Partner Provides. We also reserve the right to adapt or modify our T&C at any time and without notice, adaptations or modifications being applicable to all orders placed after these adaptations or modifications.
Article 1 – Application of our T&C
The acceptance of our T&C, that have contractual value, results from the acceptance of a quote, an offer, a confirmation, an invoice, or any other commercial correspondence issued by Shoripette and including our T&C at the back, or their delivery prior to engaging in any commercial relationship.
Our T&C are available on our website www.shoripette.com (hereinafter our “Website”), and will be systematically transmitted to each Member in case of use of our mediation services. Thus, our T&C applicable to the sales contract between a Member and us will be those in effect on the day of the Member’s order confirmation.
Consequently, any order made by a Member carries his/her adherence, without restriction or reserve to the T&C, which prevail over any other document issued by Shoripette.
If we do not avail ourselves punctually of any of the provisions of the T&C, this tolerance cannot be interpreted as waiving the right to use these T&C at a later date. The Member declares to have read and accepted the T&C before placing any order or products or services.
Article 2 – Conditions to benefit from our services
2-1. Formalities prior to adhering to our services
The Member must disclose his/her identity and contact information when registering to our Website or via telephone. Once this information has been disclosed, a concierge will contact the Member within twenty-four (24) hours for final registration.
Each Member undertakes to provide us with accurate information and personal data, at the time of registration. Any missing information is likely to delay the given Member’s membership approval. We cannot be held responsible for the consequences of any erroneous or misleading information provided by the Member, and may in such cases refuse membership, if necessary.
2-2. Adhesion to our services is personal
Any Member may occasionally benefit from customizable services in the conditions described by the T&C. Adhesion to our services is personal. The Member must cumulatively (i) be of age, (ii) have the legal capacity to enter into contracts and (iii) have his/her primary residence in France.
Article 3 - Ordering
To place orders and get additional information on our products and/or services, the Member will have access to the different resources described below:
• Online, via the secure customer space dedicated to each Member
• Via phone, at the phone number provided by the concierge upon subscription.
• Via email, at the email address provided by the concierge or www.shoripette.com
It is the Member’s responsibility to ensure the secrecy of his/her password. We will not be held responsible for any fraudulent use of the Member’s customer space by a third party.
a) Applicable rules to orders in general
Before making any orders, the Member must provide his/her personal or professional address, email address and phone number, to allow Shoripette to contact him/her as soon as possible.
The products or services ordered by the Member, via phone or email, will be transferred to the suppliers by our intermediary.
b) Order confirmation by Shoripette
Any order will be confirmed by Shoripette via email, on the customer space under “my orders”, or via text as soon as possible. This confirmation will include:
• The order number
• The nature of the product or service ordered
• The quantity of product or service ordered
• The unit price of the product or service ordered, in euros before and after tax
• The expected delivery date for the product or service ordered
• The delivery method of the product or service ordered
• The terms of cancellation
c) Order acceptance by the Member
In the event that the amount of the order exceeds one thousand (1000) euros, the Member must imperatively confirm the acceptance of the order in writing (email or via his/her dedicated customer space) addressed to us within forty-eight (48) hours. These orders will be final only after we receive the Member’s written confirmation.
d) Order Tracking
The Member will be able to track his/her order, step by step, on his/her dedicated customer space under “my orders”.
We will transfer, if necessary, all useful information inherent to the order, among which:
• The reservation numbers (restaurant, hotel, ticket office);
• The dates, times and places of arrival and departure ;
• The address(es) of the hotel(s); and
• The names and addresses for the Partner Providers of the goods and/or services.
e) Out of stock or unavailable services for Partner Providers
All orders are subject to the availability of inventory or services for the Partner Providers. The photographs or graphics illustrating our Partner Providers’ products and/or services on our Website will be communicated for illustrative purposes, and will not be contractual. In consequence, we cannot be held liable for any minor errors or omissions in any of these photographs or graphics.
In case of any products and/or services are out of stock, the Member will be contacted as soon as possible and alternative solutions will be offered. In these cases, we may offer changes in the nature of the product or service ordered, which may result in a change in price.
The alternative solutions offered will only take effect upon receiving the Member’s written agreement.
In case there is no alternative solution found or accepted by the Member within five (5) working days, we will cancel the order outright. No further compensation of any kind whatsoever may be attributed to use by the Member as a result.
In case of a payment has been made, and unless the alternative solution found would be completely different from the Member’s order, he/she would be refunded directly by the Partner Provider in case of cancellation of the order. In case of out of stock products or unavailable services, and when no alternative solution could be found, the Partner Provider will refund the Member directly.
f) Personal order
The benefit of the order is personal to the Member and cannot be transferred to a third party without our prior and express agreement.
g) Order modification by the Member
Any order modification or cancellation by the Member must occur within seven (7) working days maximum for us to take it into account, depending on the nature of the products and/or services ordered. In any case, any order modification or cancellation by the Member is subject to our express acceptance.
In the event that we would refuse to proceed with the order modification or cancellation requested by the Member, upon expiry of the period of his/her right to retract, the price of the order will remain owed by the Member and the sums already paid will in no case be refunded.
Article 4 – Delivery
Delivery times will be indicated on the quote or on the written confirmation addressed to the Member. Regardless of all care given to the strict observance of the agreed deadlines, we cannot be held responsible to damages or prejudices caused by a delay in the delivery of a product and/or service. Failure to comply with the agreed delivery times will not result in us providing any compensation of any kind whatsoever.
Article 5 – Responsibility
Our Partner Providers are responsible for the services, products or benefits they offer Members.
We cannot be held responsible for the poor execution of an order. In the event of a complaint, the Member must directly contact the Partner Provider, and inform us about his/her approach beforehand.
The Member declares that the pet is in good health and up to date on all vaccinations required in France. We reserve the right to refuse a pet that does not conform with these regulations, or a pet with aggressive behavior.
We can also not be held liable for interrupts or delays recorded by our Website in case of maintenance, technical difficulties, interruptions of the phone network, the Internet, or in case of emergency, because of third parties or any and all circumstances beyond his/her control.
Article 6 – Right to retract
In certain cases, in accordance with article L121-20-12 of the Code of Consumption, the Member disposes of fourteen (14) clear days to exert his/her right to retract, from the Partner Provider only, and not from Shoripette, from the receipt of goods or the acceptance of the offer for services.
This right to retract does not apply to services of a touristic nature, or goods tailor-made or heavily customized to the Member’s specifications, or that, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly.
In the event that this fourteen (14) day period expires on a Saturday, a Sunday or a bank holiday or non-working day, it will be extended until the following work day. This right to retract can be exercised without having to justify any reason, nor pay any penalty except, in certain cases, return fees.
It may give rise to either an exchange, or a refund from our Partner Providers exclusively. In any case, no return, exchange or return will be accepted beyond the retraction period. Shipping and return costs remain the sole responsibility of the Member and only the product or service purchased will be refunded by our Partner Providers.
Only products returned in perfect condition and on time can be exchanged or refunded by our Partner Providers. Products returned incomplete, damaged or soiled will not be taken back or exchanged. Returns are to be made to the Partner Provider’s address, whose details will be included in the written confirmation sent to the Member following the acceptance of the quote.
Article 7 – Title retention and risk transfer
Our Partner Providers will retain the title to the goods and/or services until they are paid in full. The ordered products will travel at the risk of the Member; no derogation can be made to this rule. In case of damage, loss or missing items, it is up to the Member to raise his/her concerns with the transporter. As simple intermediaries, we will, in any event, be except of all responsibility pertaining to the transport and delivery of goods and/or services ordered.
Article 8 – Contact in case of complaint
For any other question or complaint regarding our products and/or services and/or more generally our brand Shoripette, we thank you to kindly contact Mrs. Joanna Prus-Tali, 9-11 rue Abel Ferry 75016 Paris, reachable by email at contact@shoripette.com. We are committed to answering you as soon as possible.
In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, we have joined the Service of the e-commerce Mediator of FEVAD (Federation of e-commerce and remote selling), whose contact details are as follows: 60 rue de la Boétie 75008 Paris – http://www.mediateurfevad.fr. After a prior written procedure by the Members towards Shoripette, the Mediator Service can be seized for any consumption dispute whose settlement would not have succeeded.
Article 9 – Protection of Personal Information (CNIL)
a) Treatment of personal data
The provision of personal information collected in the context of remote selling is mandatory, this information being necessary to constitute and/or accept your order of products and/or services, to deliver them to your home as well as to establish the associated invoices. This information is strictly confidential and processed in compliance with data protection regulations in the conditions set out in our Privacy Policy.
We undertake to take all precautions to protect the personal data communicated by the Member on our Website against loss, theft or fraudulent use. We use Secure Sockets Layer – SSL security encryption on all web pages where personal data is collected. However, we cannot guarantee the integrity and absolute security of your personal data and cannot –therefore – be held responsible for the use of this data by a third parties, including hacking.
In accordance with data protection regulations, the Member has the right to access, correct, erase, limit the processing, portability as well as oppose to the use of his/her personal data. To exercise any of these rights, the Member simply needs to make the request by mail, indicating his/her first name, last name and address.
b) Transaction security
For the purpose of payment of your orders, information and banking data are collected, processed and stored by the PayPal service.
Article 10 – Contractual Package
All the provisions of the T&C, including their preamble, constitute the entire agreement of the Parties with regard to their subject. The P&G prevail over all negotiations, discussions, communication and prior agreements between Parties, regarding their subject.
Article 11 – Non-waiver
Our failure to request the fulfilment of the T&C or exercise our rights under the terms of the T&C can in no way be considered as constituting an abandonment or a waiver on our part to request later execution of all the stipulations of the T&C in accordance with their terms.
Article 12 – Validity of the T&C
If any provisions of the T&C are declared void in part or in whole, the other provisions will remain unchanged and applicable.
Article 13 – Law applicable to the T&C and dispute resolution
We are a company under French law. The law applicable to contractual relations is French law exclusively.
Failing an amicable solution, any dispute regarding the validity, interpretation, execution or termination of the T&C will be submitted to the competent courts of the jurisdiction of the Courts of Appeal of Paris, to which it is expressly granted exclusive jurisdiction.