Terms of sale
Updated at 2023-04-26
These General Terms and Conditions of Sale are concluded between, on the one hand, COM'MUNICATE, SAS with a capital of 71,406 € registered with the RCS of Paris under the number 498494699, having its registered office at 10, rue de Penthèvre, 75008 Paris under the FirstPaw brand, and on the other hand any person who has made a purchase on the www.firstpaw.eu site, hereinafter referred to as "the Customer". Any purchase on the site www.firstpaw.eu (hereinafter the "Site") automatically entails acceptance of all of these conditions.
Article 1. Definitions
Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site.
Order: means the process for the Customer to select the Products he wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he wishes to be delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by FirstPaw who will ship the Products ordered according to the terms of these GCS.
Contract: refers to these T&Cs and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would oppose the Contract, and which would therefore be unenforceable against FirstPaw.
Personal data: refers to all the personal information relating to the Customer, a natural person, provided by him when placing the Order.
Parties: means jointly Communicate (FirstPaw) and the Users of the Site.
Products: refers to the products available for sale on the Site.
User: designates any natural or legal person accessing the Site, whether or not they are a Customer.
Article 2. Purpose of the T&Cs and current version
2.1. The purpose of these T&Cs is to define the conditions under which Users can access the Site, place Orders and manage relations between FirstPaw and Users, including all the rights and obligations arising therefrom.
2.2. They apply in the relations between Users between themselves and between Users and FirstPaw. Any User undertakes to comply, without restriction or reservation, with these T&Cs, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site.
2.3. FirstPaw is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal, jurisprudential and/or technical developments. FirstPaw will inform the User by any means, who must accept the new GCS.
In any case, the fact for the User to continue to use the Site after information of the modification of the GCS entails the acceptance of the modifications of the latter by the User.
The successive versions of the T&Cs will be accessible from the Site.
2.4. The prevailing version of the T&Cs is the latest version available on the Site.
2.5. The version applicable to an Order is the one in force on the date of placing the latter.
Each new Order requires the acceptance of the T&Cs by the Customer, which the latter acknowledges and accepts.
If Users do not accept the T&Cs or their subsequent modifications, they must renounce all use of the Site.
2.6. The User declares having obtained from FirstPaw, prior to its Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of the Products as well as their suitability for his needs.
2.7. The User must be a duly represented legal person or an adult natural person with the legal capacity to place an Order on the Site. Otherwise, he must have the authorization of his legal representative to place an Order, which he expressly acknowledges and accepts.
Article 3. Price
All prices presented on the Site are in euros, all taxes included. FirstPaw reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of their Order.
Article 4. Presentation of articles
The User is informed that photographs of the Products appear on the Site, which he may consult freely.
FirstPaw guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.
FirstPaw makes its best efforts to ensure that the photographs of the Products are as consistent as possible with the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, FirstPaw cannot ensure that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site.
Otherwise, FirstPaw strives to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, FirstPaw cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: firstname.lastname@example.org
The User declares to be fully aware of the provisions of this article, and already expressly accepts not to engage the responsibility of FirstPaw as such, subject to the application of mandatory legal provisions (guarantee of conformity in particular).
Article 5. Ordered
The User can browse the Site without obligation to purchase.
In order to place his Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket.
The creation of a personal account on the Site is not necessary to place an Order. On the other hand, certain personal data of the Customer are required for the proper execution of the Order by FirstPaw.
If the Customer wishes, he has the possibility of creating a personal account allowing him, in particular, to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices. Certain personal data of the Customer is required to proceed with the creation of a personal account.
The Customer is required to provide complete, up-to-date and fair information, the responsibility of FirstPaw cannot be engaged in this capacity. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalized, collection is confirmed by FirstPaw by sending an email to the Customer at the address indicated when placing the Order.
The Order is validated once payment has been made in full and received by FirstPaw.
FirstPaw will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print his invoice and keep it.
FirstPaw undertakes to honor validated Orders, within the limits of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email.
The Customer will have the choice to be reimbursed the amount corresponding to the unavailable Products, or to be delivered when the Products concerned are again in stock (unless definitively withdrawn from the catalog).
In any case, FirstPaw cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.
FirstPaw is likely to modify at any time the assortment of products offered for sale on the Site, without prejudice to the Orders placed by the Customer.
Article 6. Delivery
Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order.
They will appear on a specific line separate from the one specifying the price of the Products.
It is expressly specified that the amount of the delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before the validation of the said Order. Delivery times are also recalled in the Order confirmation email sent to the Customer.
The delivery times include the preparation and shipment of the Order, as well as the delivery time of the Products to the delivery point (Customer's postal address or pick-up point).
In the absence of indication on the Site of a delivery time for the Products, FirstPaw undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by FirstPaw. In this case, the Products concerned are delivered within the time indicated on the Site and recalled at the time of the Order.
Nevertheless, FirstPaw using external service providers (carriers, postal services, etc.) for the delivery of the Products, FirstPaw is totally dependent on these third-party providers. The delivery times indicated on the Site may thus be impacted by service providers without FirstPaw is not responsible for these delivery delays and the consequences that may result.
When the delivery is made against signature, this is proof of the good reception of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to accept the Order and to affix his signature to any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
Article 7. Payment
The Customer pays on the www.firstpaw.eu site by credit card from the Visa, Mastercard, Maestro and American Express networks via the Paypal secure payment platform.
● Payment via Paypal The terms of payment are specific to the platform of the payment provider Paypal, and are independent FirstPaw, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, accessible at the address https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full,, which apply concomitantly to these T&Cs. FirstPaw does not keep any bank details of the Customer, subject to the provisions below. FirstPaw cannot be held responsible for any malfunction occurring on the Paypal payment platform.
By accepting these, the Customer also agrees to be bound by the General Conditions of Use of Paypal, accessible at the above address. These may be subject to change by Paypal only. Never FirstPaw cannot modify the General Conditions of Use of Paypal, a service provider over which it has no control.
Article 8. Withdrawal
In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 30 days from the date of delivery of the Order to return any new and unopened product, in its original packaging. original and in perfect condition (any damaged, incomplete, damaged product or whose packaging is damaged will not be taken back), to request a refund without penalty.
Especially, FirstPaw will not refund products whose seal has been removed.
The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other item enabling the Order in question to be identified, and its holder.
The return of the Product is carried out at the risk and peril of the Customer. If the package is lost, stolen or damaged when returning the product, FirstPaw reserves the right to refuse reimbursement of the returned product(s).
Only the Customer identified as such with FirstPaw may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery. The return address is: 16 rue Antonin Raynaud, 92300 Levallois-Perret
Article 9. Personal data
9.1. Personal data is collected by FirstPaw when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility of placing an Order as a "guest".
In addition, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by FirstPaw. These are the Customer's surname, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.
In addition, the Customer can create a personal account using the Facebook Connect interface. In this case, the Customer authorizes FirstPaw to collect the personal data contained in the public profile and the e-mail address associated with the Customer's Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts the general terms and conditions of use of Facebook, in addition to these, accessible at the following address: https://www.facebook.com/terms.
This personal data is subject to automated processing for the purpose of managing the Order and the customer base of FirstPaw, as well as commercial prospecting, and for statistical purposes.
They can be transmitted to the commercial partners of FirstPaw who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by FirstPaw, these services collect certain personal data belonging to Customers on behalf of FirstPaw.
Said data is kept for the time necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from FirstPaw under the conditions described below.
Subject to the Customer's express acceptance through checkboxes, the Customer's email address may also be used by FirstPaw for the purpose of registering and sending a newsletter and/or sending promotional offers.
In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, he has the possibility of modifying his choice by contacting FirstPaw under the conditions mentioned below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to employees of FirstPaw, authorized to process them by reason of their functions. The information collected may possibly be communicated to third parties linked to FirstPaw by contract for the execution of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases listed above, FirstPaw undertakes not to sell, rent, assign or give access to third parties to the data without the Customer's prior consent, unless forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016, the The User benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
He may thus demand that personal data concerning him which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to the legal obligations of FirstPaw. The User may also, under the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also oppose, for legitimate reasons, the processing of data concerning him, and request the limitation of data processing.
To exercise these rights, the User must send a request to the following postal address FirstPaw , 16 rue Antonin Raynaud, 92300 Levallois-Perret, or by email to email@example.com indicating their first and last name. FirstPaw may ask the User to prove his identity, by attaching to his request any necessary document, in particular a copy of his identity card or passport.
FirstPaw will implement the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach on the Site or loss of personal data relating to Users, FirstPaw will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right of complaint, which they can exercise with the national supervisory authority, namely the CNIL.
To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2. FirstPaw is likely to set up cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by FirstPaw are deleted from the Customer's computer terminal after a period of 13 months.
The User may oppose their implementation and/or delete them by following the procedure indicated on their browser.
As such, FirstPaw collects the express consent of Users as to the use of these cookies and uses them in application of the legal provisions, including in particular the General Regulations on the Protection of Personal Data.
FirstPaw uses these cookies only to establish connection statistics as well as User browsing histories.
Article 10. Intellectual property
Without this list being exhaustive, the brand " FirstPaw » as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of FirstPaw. Systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, including FirstPaw is the sole owner of the rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of FirstPaw are strictly prohibited and may be the subject of legal proceedings.
Any reproduction or representation, total or partial, of the Site or its component elements, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
Browsing on the Site does not entail any transfer of intellectual property rights for the benefit of the User. FirstPaw grants the User a right of access and consultation of the Site only, under the terms and conditions provided for in these GCS.
Article 11. Limitation of Liability
11.1 FirstPaw disclaims all liability for damages of any kind whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data which may arise from the use of the Site.
In the event that the responsibility of FirstPaw had to be established and retained due to damage suffered by the Customer and exclusively to FirstPaw, this is limited to the amount of the Order paid by the Customer to FirstPaw.
11.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity.
FirstPaw will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of FirstPaw and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to the hardware or software of FirstPaw.
11.3. FirstPaw can in no way be held responsible for an interruption of all or part of the Site whatever the cause, duration or frequency of this interruption.
11.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded.
FirstPaw does not offer any explicit or implicit guarantee as to the operation of the Site, in particular any technical problem which may arise.
FirstPaw reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, such as the right to eliminate, limit, suspend or prohibit the access, temporarily or permanently.
11.5. The responsibility of FirstPaw under the obligations of these GCS cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event force majeure as defined by the French courts and article 1218 of the Civil Code, or any other event which has not been reasonably under the exclusive control of FirstPaw.
It is agreed that in the event that the responsibility of FirstPaw is called into question, whatever the basis and/or the nature of the action, only direct and foreseeable damage is likely to give rise to compensation. Thus, all indirect, consequential and/or incidental damages, such as for example commercial trouble, loss of customers, etc., will not give rise to a right to compensation for the benefit of the User.
In any case the responsibility of FirstPaw, in the event of damage caused to the Customer, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount, excluding taxes, of the Customer's Order made within the framework hereof.
11.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by FirstPaw. Since then, FirstPaw cannot be held responsible in the event of non-compliant use of the Products by the Customer or a third party.
Article 12. Legal guarantee
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
12.1. Warranty against hidden defects.
In accordance with articles 1641 and following of the Civil Code, FirstPaw is bound by the warranty for hidden defects of the Products sold making them unsuitable or significantly affecting the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years from the discovery of the defect.
As part of the legal guarantee against hidden defects, FirstPaw, according to the Customer's choice, undertakes, after assessment of the defect either:
- to reimburse the full price of the Product concerned;
- to reimburse part of the price of the Product if the Customer decides to keep it.
12.2. Legal guarantee of conformity.
In accordance with articles L.217-4 and following of the Consumer Code, FirstPaw is required to deliver Products that comply with each Customer's Order, namely:
- Products corresponding to the description given by FirstPaw ;
- Products with the qualities that the Customer can legitimately expect given the declarations of FirstPaw.
The Customer may bring an action on the basis of a lack of conformity within a period of two years from the delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from the delivery is deemed to have existed upon delivery.
As part of the legal guarantee of conformity, FirstPaw, according to the Customer's choice, undertakes, after assessment of the defect either:
- to reimburse the price of the Product concerned; - to exchange the Product for a Product that complies with his Order, if possible.
Article 13. Claim - Information
Any complaint or request for information relating to these GCS must be sent to Customer Service by e-mail at the following address: firstname.lastname@example.org.
Article 14. Miscellaneous
14.1. Partial invalidity
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation. in question.
In the event of a dispute relating to an Order, the Customer must first contact FirstPaw, in order to find an amicable solution, by email to email@example.com.
Referral to the mediator can only take place after the Customer has taken prior written steps with FirstPaw.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and European Union professionals. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
14.4. Applicable law and attribution of jurisdiction
These T&Cs are governed by French law, unless otherwise provided.
In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GCS will be submitted to the competent courts of Paris, unless otherwise provided. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.