Terms of sale
Terms and Conditions of Sale
Company Name: ARBEIT KRAFT LIMITED
Registration: 80295534
Address: UNIT 903A, 9/F., CAMERON COMM
CENTRE, 458-468 HENNESSY
ROAD, CAUSEWAY BAY
HONG KONG
Article 1 – Definitions
These Terms and Conditions of Sale (hereinafter the “T&Cs”) are offered by Arbeit Kraft Limited.
The following terms shall mean:
“Site”: the website “https://petsyandpet.com” and all of its pages, which are the exclusive property of the Company.
“Products” or “Services”: all products (goods) and services that may be purchased or subscribed to on the Site.
“Seller”: petsyandpet, whether a legal or natural person, offering its Products or Services on the Site.
“Customer”: any internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the preliminary article of the French Consumer Code: “any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity.”
Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, print them and/or save them on a durable medium before placing an order on the Site.
The Customer acknowledges having read and fully accepted these T&Cs.
Article 2 – Application of the T&Cs and Purpose of the Site
The Seller reserves the right to modify these T&Cs at any time by publishing a new version on the Site.
The T&Cs applicable to the Customer are those in force on the day the order is placed on the Site.
Legal information concerning the Site host and publisher, the collection and processing of personal data, and the terms of use of the Site are provided in the terms of use, legal notice, and data policy of this Site.
This Site offers the online sale of PETS products.
The Site is freely accessible to all Customers at no cost. The purchase of a Product or Service implies acceptance by the Customer of these T&Cs in their entirety, and the Customer thereby acknowledges full knowledge of them. Such acceptance may, for example, consist of the Customer ticking the box corresponding to the sentence accepting these T&Cs, such as: “I acknowledge that I have read and accepted all the terms and conditions of the Site.” Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these T&Cs implies that Customers have the legal capacity required to do so. If the Customer is a minor or does not have legal capacity, they declare that they have authorization from a guardian, curator, or legal representative.
The Customer acknowledges the evidential value of the Seller’s automatic recording systems and, unless proof to the contrary is provided, waives the right to contest them in the event of a dispute.
Any order for Products implies the Customer’s unconditional acceptance of and full adherence to these Terms and Conditions of Sale, which prevail over any other document such as catalogs, advertisements, or notices, unless otherwise expressly agreed in writing in advance by the Company.
Article 3 – Customer Service
Customer service for this Site can be reached by email at: arbeitkraftlimited@outlook.com, via the contact form, or by post at the address indicated in the legal notice.
The Customer must indicate in the email their first name, last name, the subject of the request, and the order number.
For any professional request (partnership, media, contract proposal), the Company can only be contacted by email at contact@petsyandpet.com.
Article 4 – Order Process and Description of the Purchase Procedure
The Products and Services offered are those appearing in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photographs shown on the Site are non-contractual and may differ significantly from the products shown. These differences may result from screen settings, camera settings, lighting conditions, angle of the shot, etc.
The term “Cart” refers to the virtual object grouping together all Products or Services selected by the Customer on the Site for purchase after clicking on them. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their “Cart,” the contents of which may be modified at any time.
The Customer places the order on the Site by recording and validating it.
To place an order on the Site, the Customer freely selects one or more Products from the Site catalog by clicking the “Add to Cart” button. On the “Cart” page, the Customer can review the details of the order and correct any errors before confirming it.
On the “Information” page, the Customer must enter their contact details. They may opt to receive order tracking by email by ticking the required box.
On the “Shipping” page, the Customer must choose one of the offered delivery methods.
On the “Confirmation” page, the Customer must enter their payment details and billing address. The Customer may also enter a promotional code if they have one.
A full summary of the order is then displayed. The Customer may modify all elements of the order before finalizing it. The Customer is responsible for any errors relating to the order, products, and contact details.
The sale is validly concluded when the Customer has confirmed the order by clicking the “Complete my order” button, accepted the Terms and Conditions of Sale, and made payment according to the chosen method, subject to the right of withdrawal.
The validation date of the order corresponds to the date of receipt of full payment including taxes, duly recorded.
Article 5 – Prices and Payment Terms
Unless otherwise stated, the prices shown in the catalog are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
petsyandpet reserves the right to pass on any change in VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price listed in the catalog on the day of the order shall be the only price applicable to the Customer.
The Customer may place an order on this Site and make payment by credit card, Bancontact, Apple Pay, or PayPal. Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Customer’s payment methods. Payment is made directly to the bank or payment provider receiving the Customer’s payment. In the case of payment by bank transfer, the delivery times defined in the “Deliveries” article of these T&Cs shall only begin to run from the date of actual receipt of payment by the Seller, which may be proven by any means. Product availability is indicated on the Site in the description sheet of each Product.
petsyandpet will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized records shall be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
Article 6 – Deliveries
Shipping costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations; orders may be shipped anywhere in the world. Delivery times indicated at the time of the order are for informational purposes only and remain dependent on possible delays by postal services or other special circumstances preventing delivery (strikes, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in French overseas territories, the Customer declares themselves to be the importer of the Product and accepts that, in such cases, the Seller may be materially unable to provide exact information on the total amount of customs duties, import taxes, and formalities applicable in the country where delivery is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
In the case of hand delivery, the Customer may refuse a package at the time of delivery if they note an anomaly concerning the delivery (damage, missing Product compared with the delivery note, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note in the form of handwritten reservations accompanied by the Customer’s signature. To exercise the right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods taken back. In the case of mailbox delivery, the Customer undertakes to check the parcel immediately and contact petsyandpet support if any anomaly is observed. Failing compliance with these requirements, the Customer will not be able to exercise the right of refusal, and the Seller will not be required to comply with the Customer’s request to exercise that right.
If the Customer’s parcel is returned to the Seller by the postal service or other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to determine the next steps for the order. If the Customer refused the parcel by mistake, they may request reshipment by first paying the postal charges for the new shipment. These postal charges must be paid even for orders for which shipping costs were initially free.
In the event of a delivery error or exchange (where the right of withdrawal is applicable, i.e., where the Customer is a Consumer and the contract for purchasing the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or improper handling by the Customer may not be attributed to the Seller.
Any delivery delay compared with the date or deadline indicated to the Consumer Customer at the time of the order, or, in the absence of such indication, exceeding thirty (30) days from the conclusion of the contract, may result in cancellation of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgment of receipt, if after instructing the Seller to make delivery, the Seller has failed to do so. The Consumer Customer shall then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, all sums paid. This clause does not apply where the delivery delay is due to force majeure.
Special case of a parcel whose tracking number indicates “delivered” but which has not been received in the mailbox: if the Customer notes and informs the Seller that the parcel is not in their mailbox despite the tracking number indicating it as “delivered,” customer service may request additional information and an official document from La Poste in response to the complaint relating to the relevant tracking number. The Seller shall then make every effort to ensure the Customer’s satisfaction, in particular by offering immediate reshipment of the products at its own expense.
Article 7 – Right of Withdrawal and Withdrawal Form
The Consumer Customer has fourteen (14) working days from the date of receipt of the ordered product to withdraw. They must return any product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days from receipt by petsyandpet of the refund request.
The Product must be returned in perfect condition, in its blister packaging, and unused. The Consumer Customer may find below a standard withdrawal form for an order placed on the Site, to be sent to petsyandpet. It is understood that the Customer shall bear the cost of returning the Product in the event of withdrawal.
The Customer is advised to return the parcel using a service that allows tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with postal services to locate it.
The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has provided proof of shipment of the Product, if such proof has not already been provided.
In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L121-17 of the French Consumer Code (“Hamon Law”) of June 2014, the Consumer Customer may find below a standard withdrawal form for an order placed on the Site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of:
petsyandpet
I / We () hereby give notice of my / our () withdrawal from the contract for the sale of the goods below:
Order number:
Last name / First name:
Phone number:
Email address:
Postal address:
Reason for complaint:
Exchange* (mention the desired product)
Refund* (attach full bank details including IBAN and BIC)
Signature of the Customer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Mandatory legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
The consumer may decide to invoke the warranty against hidden defects in the sold item within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any warranty; if this warranty is invoked, the buyer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code. They have a period of two years from discovery of the defect.
The postponement, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose, in accordance with Article 2232 of the French Civil Code.
All items purchased on this Site benefit from the following legal guarantees provided by the French Civil Code:
Legal guarantee of conformity
The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for any defects of conformity existing at the time of delivery of the Product. The conformity guarantee may be exercised if a defect existed on the day the Customer took possession of the Product.
However, it will be for the Customer to prove that the defect existed at the time possession of the Product was taken.
“In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer’s choice if that choice entails a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who shall exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Customer shall be refunded by check or bank transfer for the amount of the order. The costs of the exchange or refund procedure (including the cost of returning the Product) shall then be borne by the Seller.
Article 9 – Liability
The Seller, petsyandpet, cannot be held liable for non-performance of the concluded contract due to the occurrence of an event of force majeure. With regard to purchased Products, the Seller shall incur no liability for any indirect damage arising from these terms, including loss of business, loss of profit, damage, or costs that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. Total or partial inability to use the Products, in particular due to material incompatibility, cannot give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal where applicable, that is to say where the Customer is not a Consumer Customer and the contract for acquiring the Product or Service allows withdrawal, pursuant to Article L121-21 of the French Consumer Code.
The Customer expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, petsyandpet may under no circumstances be held liable for:
any direct or indirect damage, including in particular loss of profits, loss of revenue, loss of customers, or loss of data resulting, among other things, from use of the Site, or conversely from the impossibility of using it;
malfunction, unavailability of access, improper use, improper configuration of the Customer’s computer, or the use of an uncommon browser by the Customer;
the content of advertisements and other external links or sources accessible by Customers from the Site.
The Seller’s liability cannot therefore be incurred if the characteristics of the Products differ from the visuals displayed on the Site or if such visuals are erroneous or incomplete.
Article 10 – Force Majeure
In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee and which they could not reasonably avoid or overcome, insofar as their occurrence makes performance of the obligations totally impossible, shall be considered cases of force majeure or unforeseen circumstances.
The occurrence of a force majeure event shall automatically suspend performance of the Order.
Beyond a period of ninety (90) calendar days, if the parties observe that the force majeure event persists, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the more diligent party must send the other party a registered letter with acknowledgment of receipt terminating the said sales contract.
The effective date of termination shall be the date of first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any manner whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the Company’s express written consent. In all cases, any link, even tacitly authorized, must be removed upon simple request by the Company.
Only use of the Site for private purposes is authorized, subject to more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Company’s catalog is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorization has been granted.
Any reproduction, representation, or adaptation of logos, textual, pictorial, or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Customer found guilty of infringement may have their account deleted without notice or compensation, without such deletion constituting damage, without prejudice to possible subsequent legal proceedings brought by the Seller or its representative.
The trademarks and logos contained on the Site may be registered by petsyandpet, or possibly by one of its partners. Any person reproducing, representing, embedding, broadcasting, or rebroadcasting them incurs the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.
Article 12 – Processing of Personal Data
The Company collects the Customer’s data:
a) for the purpose of processing and tracking the Customer’s Order on the Site; and/or
b) in order to contact you regarding various events relating to the Company, including in particular product updates and customer relationship management; and/or
c) in order to gather information enabling us to improve the Site and our Products (in particular through cookies).
The collected data is processed by the Site’s contractual service providers who are responsible for packaging and distributing ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The data collected is kept by the Company only for the period corresponding to the purposes of the collection set out above and shall in any event not exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete, or object on legitimate grounds to their data.
The Customer may exercise these rights by email at arbeitkraftlimited@outlook.com.
Article 13 – Comments and Other User Submissions
If the Customer sends ideas, proposals, or other materials, whether online, by email, by post, or otherwise (collectively, “comments”), whether at the request of the Company or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the Customer sends to it.
The Company is not and shall not be obliged to:
- maintain the confidentiality of any comments;
- pay compensation to anyone for any comments provided;
- respond to comments.
The Company may monitor, edit, or remove any content that it considers, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale.
The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. The Customer agrees not to write comments containing illegal, defamatory, offensive, or obscene material, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or any related website. The Customer undertakes not to use a false email address, pretend to be someone else, or otherwise mislead the Company and/or third parties as to the origin of their comments.
The Customer is entirely responsible for the comments they post and for their accuracy. The Company assumes no responsibility and disclaims any liability with regard to comments posted by the Customer or any third party.
Article 14 – Severability of Clauses
If any provision of these T&Cs is held to be illegal, void, or otherwise unenforceable, that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs replace all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable, or sublicensable by the Customer.
A printed version of the T&Cs and any notices given in electronic form may be requested in judicial or administrative proceedings relating to these T&Cs. The parties agree that all correspondence relating to these T&Cs shall be drafted in the French language.
Article 15 – Applicable Law and Mediation
These Terms and Conditions of Sale are governed by French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase using a banned, opposed, stolen, or falsified credit card. In such circumstances, no attempt at amicable settlement shall be accepted.
If any clause of these Terms and Conditions of Sale becomes null and unenforceable, this shall not affect the validity of the remaining provisions and shall not release the Customer from performing their contractual obligations.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from and against any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of these terms, or your breach of your acknowledgements, agreements, representations, warranties, and obligations hereunder.
National or cross-border disputes that may arise concerning the validity, interpretation, performance, non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer’s request.
The following platform may be used:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
A mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC) is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and allows Customers to submit an online mediation request together with supporting documents.
In particular, the dispute may not be examined by the Mediator if:
- the Customer does not prove that they have first attempted to resolve the dispute directly with the Company by means of a written complaint;
- the request is manifestly unfounded or abusive;
- the dispute has previously been examined or is being examined by another mediator or by a court;
- the consumer submitted the request to the mediator more than one year after their written complaint to the Company;
- the dispute does not fall within the mediator’s jurisdiction.
Mediation is free of charge for the Customer. If the Customer uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to assist them, they shall bear the related costs alone.
The Mediator may not receive any instructions from the parties or be remunerated according to the outcome.
Participation in mediation does not exclude the possibility of bringing the matter before a court. The parties remain free to submit their dispute to a judge in accordance with the applicable legal provisions. In the event of a dispute before a court, jurisdiction is assigned to the competent Estonian court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase using a banned or opposed credit card, or a stolen or falsified check. In such cases, no attempt at amicable settlement shall be accepted.
If any clause of these Terms and Conditions of Sale becomes null and unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from performing their obligations.
Warranty on parts:
The warranty is limited to 30 days following the date of purchase under normal conditions of use and excludes any breakdown caused by an external factor. Under these conditions, the Seller undertakes to replace the defective part.