Terms & Conditions – online sales contract
Identification of the Supplier
The goods covered by these general terms and conditions are applicable for any sales by Atelier AC sas, headquartered at 4, Rue Sainte Victoire, 78000 Versailles (Ile de France) intra-Community VAT code FR 49902653559 hereinafter referred to as “Supplier”.
Art. 1 – Definitions
1.1. The term “online sales contract” refers to the purchase and sale contract relating to the Supplier’s tangible movable property, concluded between the Supplier and the Purchaser within the framework of a distance selling system using telematic tools, organised by the Supplier.
1.2. The term “Purchaser” refers to the natural person who makes the purchase, referred to in this contract, for purposes that are not related to any commercial or professional activity carried out.
1.3. The expression “Supplier” means the subject as identified above or the subject selling the goods through the website indicated in the following article.
Art. 2 – Object of the Contract
2.1. With this contract the Supplier sells and the Purchaser purchases at a distance, through telematic instruments, the tangible movable goods presented and offered for sale on the website www.ugofordogs.com.
Art. 3 – Method of stipulating the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively via the Internet in remote telematic mode, through the Purchaser’s access to the web address www.ugofordogs.com where, following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 – Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded following the punctual completion of the registration form by the Purchaser – with the provision of consent to the processing of personal data, in accordance with the Privacy Policy of the website, through the acceptance of the “Terms and Conditions of Sale” – and the sending of the purchase form filled in by the system after the selected products have been placed in the electronic shopping cart. Before the order is definitively sent, the Purchaser will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the ordering party and the order, the price of the goods selected, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the terms for exercising the right of withdrawal are indicated.
4.2. When the Supplier receives the order from the Purchaser, they shall send a confirmation e-mail or display a web page confirming and summarising the order itself, which also contains the data referred to in the previous point.
Art. 5 – Method of payment and reimbursement
5.1. Payment by the Purchaser may only be made using one of the methods indicated in the purchase procedure by the Supplier.
5.2. The Supplier reserves the right to vary the means of payment that can be used, it being understood that those published in the advertisement at the time the order is sent by the Purchaser will be used.
5.3. Any reimbursement by the Purchaser will be credited using the same method of payment chosen by the same at the time the order was placed. The right of withdrawal is regulated by the dedicated section available on this page.
5.4 All payment-related communications take place using third-party encryption systems set up to protect the transactions made (e.g. Stripe payment system) and over which the Supplier has no visibility or responsibility. In the event that the right of withdrawal is exercised, the Supplier shall refund the purchase price immediately after receiving the return of the goods sold and having checked their condition. Shipping costs incurred in returning the goods shall be borne by the Purchaser.
Art. 6 – Delivery times and methods for purchases made within www.ugofordogs.com
6.1 The Supplier shall deliver the products selected and ordered, according to the methods chosen by the Purchaser or indicated on the website at the time the goods were offered, as confirmed in the e-mail referred to in point 4.2.
6.2. Orders will be processed and delivered from Monday to Friday, excluding French public holidays and national holidays, with the following lead times:
– France: 6-7 working days following confirmation and payment of the order.
– European Union: 8-10 working days following confirmation and payment of the order.
– North America: Shipping 8-10 working days after order confirmation and payment.
– Central and South America: Shipping 8-10 working days after order confirmation and payment.
– Asia, Africa and Oceania: Shipment 7-8 working days after order confirmation and payment.
Deliveries outside the EU: we operate on a DDU (Delivery Duty Unpaid) payment basis. This means that all customs duties, clearing fees, brokerage fees or any other additional costs are borne by the customer and must be paid upon delivery of the order. These charges are determined by the customs authorities of the destination country and the Purchaser may also have to provide additional information to cancel the order. Please contact your local customs authority for further information. In the event that the Supplier is unable, for whatever reason, to dispatch the goods within this period, it will promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase process, and in any case delivery will be made within a period of 3 to 30 days.
6.3. At the time of delivery, the Purchaser shall check that: a) the number of packages delivered corresponds to the number indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered, including the closing tapes if present.
6.4 In the event that the goods delivered show any damage presumably caused by transport, the Purchaser may refuse the delivery and immediately notify the Supplier, who will make the due complaints to the forwarding agent, arranging for a new shipment once the disputed goods have been received.
6.5 If the Purchaser nevertheless decides to accept the goods on delivery, despite the fact that the packaging is damaged and/or tampered with, in order to safeguard its rights, it shall notify the courier of the unsuitability of the packaging, affixing the word “GOODS SUBJECT TO INSPECTION DUE TO …” (indicating the reason for the reservation in question) on the delivery document, a copy of which it shall retain.
Art. 7 – Pricing
7.1. All sales prices of the products are indicated on the web address www.ugoforgogs:com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sale prices referred to in the previous point shall be understood to include VAT, as indicated, and net of shipping costs or other taxes. The costs for additional options, shipping and any additional charges, if any, are indicated and calculated in the purchase procedure prior to the order being placed by the Purchaser and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3. Any promotional offers are specifically indicated and marked within the site with the words “promotional offer”, “product on promotion” or by equivalent designations.
Art. 8 – Availability of products
8.1. The Supplier ensures through the telematic system used the processing and execution of orders without delay.
8.2. If an order exceeds the quantity available, the Supplier shall inform the Purchaser by e-mail of the waiting time to obtain the chosen good, asking whether or not the order is to be confirmed.
8.3. The Supplier’s computer system will confirm the registration of the order as soon as possible by sending the Purchaser a summary e-mail, pursuant to point 4.2.
Art. 9 – Limitation of Liability
9.1. The Supplier assumes no liability for disruptions in service due to force majeure or unforeseeable circumstances.
9.2. The Supplier shall not be held liable to the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of Internet outside its control or that of its subcontractors.
9.3. The Supplier shall also not be liable for damages, losses and costs incurred by the Purchaser as a result of non-performance of the contract for reasons not attributable to it.
9.4. The Supplier assumes no liability for any fraudulent and illicit use that may be made, by third parties, of credit cards, cheques and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and on the ordinary diligence required.
Art. 10 – Obligations of the Supplier for defective products, proof of damage and compensable damage
10.1. The Supplier shall not be liable for the consequences arising from a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.2. No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects that result from bad and/or incorrect use of the purchased goods, external causes (e.g. knocks, falls, etc.), carelessness and improper use are not attributable to the liability of the Supplier.
10.3. In any case, the aggrieved party shall prove the defect, the damage, and the causal connection between defect and damage.
Art. 11 – Guarantees and Methods of Assistance
11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within 30 (thirty) days of delivery of the goods.
11.2. The Purchaser loses all rights if he does not report the conformity defect to the Supplier within the term of 30 (thirty) days from the date on which the defect was discovered.
11.3. In any case, defects of conformity that become apparent within 6 months of delivery of the goods are presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the conformity defect.
11.4. In the event of a conformity defect, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is excessively onerous for the Supplier. The guarantee does not cover products that show clear signs of tampering or faults caused by improper use or external agents that are not attributable to manufacturing flaws and/or defects.
11.5. The request must be received in writing, by registered letter with advice of receipt, by the Supplier, who shall indicate his willingness to process it – or the reasons preventing him from doing so – within 7 (seven) working days of receipt. In the same communication, if the Supplier has accepted the Purchaser’s request, it shall indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
Art. 12 – Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the purchased goods in the time and manner indicated in the contract.
12.2. The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail attached to the purchase order confirmation.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser – who acknowledges this – before the purchase confirmation, through telematic procedures.
Art. 13 – Right of Withdrawal
13.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without paying any penalty and without specifying the reason, within the term of 14 (fourteen) days from the date of receipt of the purchased goods.
13.2. In the event that the Purchaser decides to avail himself of the right of withdrawal, he must notify the Supplier by registered letter with return receipt to be sent to 4, Rue sainte Victoire, 78000 Versailles, in advance by e-mail sent to info@ugofordogs.com, provided that such notification is confirmed by the sending of the aforementioned registered letter with return receipt within the following 48 (forty-eight) hours. The postmark affixed by the post office on the receipt issued shall serve as proof.
13.3. Return of the goods by the Purchaser – under penalty of forfeiture – must take place no later than 14 (fourteen) days from the date of communication of withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Purchaser.
13.4. For the purposes of exercising the right of withdrawal under this article, the Purchaser shall bear the direct costs of returning the goods to the Supplier.
13.5. The Supplier will reimburse the price paid by the Purchaser after receiving the goods subject to withdrawal, subject to the conditions set out in point 13.3 above for the Purchaser to obtain the aforementioned reimbursement.
13.6. Upon receipt of the registered letter by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14 – Protection of privacy and processing of the Purchaser’s data
14.1. The Supplier protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation of Article 13 of European Regulation No. 679/2016.14.2. The personal and tax data acquired by the Supplier, the data controller, are collected and processed in the forms and according to the methods provided for by the Privacy Policy of the site.
14.2. In completing the registration procedures for the Services, the Purchaser undertakes to follow the instructions indicated on the site and to provide his personal data in a correct and truthful manner, exclusively by telematic means.
Art. 15 – Communications and Complaints
15.1. Written communications addressed to the Supplier and any complaints will only be considered if they are sent by e-mail to the following address: info@ugofordogs.com. The Purchaser undertakes to indicate in the registration form on the website his e-mail address to which he wishes communications from the Supplier to be sent, in addition to the compulsory data required for invoicing and shipping.
Art. 16 – Intellectual and/or industrial property rights
16.1. Atelier AC SAS remains the sole owner of proprietary and economic exploitation rights on inventions and programmes (including software, documentation and written programmes, studies, etc.) and anything else that has been prepared, created, developed as a function of the Services purchased by the Purchaser, who is only granted a limited and non-transferable right of use.