Terms of sale

Last updated: October 25, 2024

Article 1 – LEGAL NOTICES

This website, accessible at the URL https://www.felikit.com/  (the "Felikit"), is published by:

Felikit, a company with a capital of 1000 euros, registered with the RCS of Paris under SIRET number 905 132 544, whose registered office is located at 58 avenue de Wagram 75017 Paris, represented by Charvant-Marrec Maxence duly authorized.

The Operator's individual VAT number is: FR14905132544 . 

The Site is hosted by the company Infomaniak, located at Rue Eugène-Marziano 25, 1227 Geneva, Switzerland , the telephone number is: +41 22 820 35 40 .

The Director of Publication for the Site is Charvant-Marrec Maxence.

The Operator can be contacted at the following telephone number 09 72 73 30 80  and at the following email address contact@felikit.com.

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the "  General Terms and Conditions of Sale ", or the "  GTC ") apply exclusively to the online sale of products offered by the Operator on the website.

The General Terms and Conditions are made available to customers on the Site where they can be viewed directly and can also be provided to them upon request by any means.

The General Terms and Conditions of Sale (GTC) are binding on the customer, who acknowledges, by checking a box or clicking the designated button, having read and accepted them before placing an order. Confirmation of the order constitutes acceptance by the buyer of the GTC in effect on the date of the order, which are stored and can be reproduced by the Operator.

Article 3 – PRODUCT DESCRIPTION

The site is an online sales site for security devices for pets, and in particular for cats.

Each product displayed on the Site is accompanied by a description (provided by the supplier or accessible on the manufacturer's website via a link on the Site) outlining its essential characteristics. Photographs illustrating the products, where applicable, are not contractually binding. The product's user manual, if essential, is available on the Site or is provided at the latest upon delivery. The Products comply with applicable French law.

The customer remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers, such as Internet service providers, which remain the customer's responsibility. Furthermore, the customer must provide and is entirely responsible for the equipment necessary to connect to the Site. 

The client acknowledges having verified that the computer configuration he is using is secure and in working order. 

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create a personal customer account. Once created, to access it, the Customer must log in using their username and secret, personal, and confidential password. The Customer is responsible for not disclosing their username and password in accordance with the provisions of the PERSONAL DATA section of these Terms and Conditions. Each Customer agrees to maintain strict confidentiality regarding the data, in particular their username and password, that allows them to access their customer account. The Customer acknowledges being solely responsible for access to the Service through their username and password, except in cases of proven fraud. Each Customer also agrees to inform the Operator without delay in the event of the loss, misappropriation, or fraudulent use of their username and/or password.

After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account. 

Upon registration, the Client agrees to: 

• to provide true, accurate, up-to-date information at the time of entry in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization. 
• to keep registration data up to date in order to guarantee at all times that it is true, accurate and current. 

The client further agrees not to make available or distribute any unlawful or objectionable information (such as defamatory or identity-theft material) or harmful information (such as viruses). Failure to comply may result in the Operator suspending or terminating the client's access to the Site at the client's sole expense.

Article 5 – ORDERS

The operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last. 

If, despite the Operator's best efforts, a Product becomes unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between: 

• the delivery of a Product of equivalent quality and price to the one originally ordered, or
• the refund of the price of the Product ordered no later than thirty (30) days from the payment of the sums already paid. 

It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

Except as otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer's orders are firm and final. 

When placing an order, the Customer must select the desired Products, add them to their cart by indicating the selected Products and the desired quantities. The Customer has the opportunity to review the details of their order and its total price, and to return to previous pages to correct the contents of their cart if necessary, before confirming it. 

The Customer agrees to read the General Terms and Conditions of Sale then in effect before accepting them and confirming the terms and any applicable delivery and return fees prior to payment of their order. Order confirmation constitutes acceptance of the General Terms and Conditions of Sale and forms the contract.

Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and at the latest upon delivery. The Operator strongly advises the Customer to print and/or save this order confirmation on a reliable and durable medium as proof of purchase. A digital invoice is available to the Customer in the "My Account" section. The Operator also advises the Customer to print and/or save this invoice on a reliable and durable medium as proof of purchase. 

Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses to log in to their customer account. 

The Operator reserves the right to refuse to validate the Customer's order for any legitimate reason, including in the event that: 

• The Customer would not comply with the General Terms and Conditions in force at the time of their order; 
• The Customer's order history shows that amounts remain due for previous orders;
• One of the Customer's previous orders is the subject of a dispute that is currently being processed; 
• The Customer did not respond to a request for confirmation of his order that the Operator sent him.

The Operator archives Product sales contracts in accordance with applicable legislation. Upon request to contact@felikit.com, the Operator will provide the Customer with a copy of the contract in question. 

Any modification of the order by the Customer after confirmation of their order is subject to the agreement of the Operator.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding upon them. Therefore, the Operator cannot be held liable in any way if an error during the order placement prevents or delays delivery.

The Client declares that they have the full legal capacity to enter into these General Terms and Conditions.

Registration is open to adults with legal capacity and to minors, provided that minors participate under the supervision of a parent or guardian with parental authority. Under no circumstances is registration permitted on behalf of a third party unless the registrant is duly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Client. 

In the event of a breach by the Client of any of the provisions herein, the Operator reserves the right to terminate the Client's account without notice.

Article 6 – PAYMENT METHODS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price against the provision of the ordered Product. 

In any event, the Operator reserves the right to verify the validity of the payment, before shipping the order, by all necessary means. 

The Operator uses the Shopify Payments online payment solution. 

Orders can be paid for using one of the following payment methods: 

[If payment by bank card is available]

• Payment by credit card. Payment is made directly on the secure servers of the Operator's bank; the Customer's bank details are not transmitted through the Website. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. In this way, these details are not accessible to third parties. 

The Customer's order is registered and validated upon acceptance of payment by the bank.

The Client's account will be debited with the corresponding amount only when (i) the bank card details used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may be refused in particular if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect. 

[If payment via Paypal is available]

• Payment via electronic wallet (such as PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account and pay for their order securely without disclosing their bank details.

[If payment by bank check is available]

• Payment by bank check. The Customer may pay for their order by bank check if they have an account with a bank established in France. Upon ordering, the Operator will provide the Customer with the payee information and the address to which they should send their check. Orders paid by check are processed upon receipt and clearance of the check.

[If payment by bank transfer is available]

• Payment by bank transfer. The Customer may pay for their order by bank transfer. Upon ordering, the Operator will provide the account details for the transfer, as well as the order reference to include in the transfer instructions. Orders are processed within 48 hours of receiving the transfer. 

If applicable, the order validated by the Customer will only be considered effective when the secure banking payment centre has given its approval to the transaction.

As part of the verification procedures, the Operator may request from the Client all documents necessary to finalize their order. These documents will not be used for any other purpose.

 

Article 7 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, inclusive of all taxes (VAT), but excluding delivery and shipping costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the promotional period.

The price is payable exclusively in euros (€). Full payment is due upon order confirmation. Prices quoted include any discounts or rebates that the Operator may offer.

If delivery or shipping charges apply, they will be added to the price of the Products and shown separately before the Customer confirms the order. The total amount due by the Customer and its breakdown are shown on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Client is formed at the moment the Client sends confirmation of their order.

The Customer's attention is specifically drawn to the order acceptance procedure on the Website. When placing an order, the Customer must confirm it using the "double-click" method. This means that after selecting Products and adding them to the shopping cart, the Customer must check and, if necessary, correct the contents of their cart (product identification, quantity selected, price, delivery method and costs) before validating it by clicking on "I confirm my delivery." They then acknowledge acceptance of these Terms and Conditions before clicking on the "I pay" button. Finally, they validate their order after entering their bank details. The "double-click" constitutes an electronic signature and is equivalent to a handwritten signature. It represents the Customer's irrevocable and unconditional acceptance of the order. 

The Operator archives communications, purchase orders, and invoices on a reliable and durable medium to create a faithful and lasting copy. These communications, purchase orders, and invoices may be used as evidence of the contract. Unless proven otherwise, data recorded by the Operator online or by telephone constitutes proof of all transactions between the Operator and its Clients.

The order may be cancelled by the Customer by registered letter with acknowledgment of receipt or by written notice on another durable medium in the event of:

• delivery of a Product that does not conform to the stated characteristics of the Product;
• delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same conditions and without result, to make the delivery within a reasonable additional period;
• a price increase that is not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Client may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in the following cases:

• of the buyer's refusal to take delivery;
• of non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs, has been received.

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas. 

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers different delivery or collection methods depending on the nature of the product: [Details of delivery methods].

Shipping costs are those specified when finalizing the order and are accepted by order confirmation .

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of order.

Delivery times are indicated in business days on the Website at the time of ordering. These times include order preparation and shipping, as well as the delivery time estimated by the carrier. 

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the shopping cart level, provided that the payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the initially announced timeframe, the Operator will send an email to the Customer indicating the new delivery date. 

The Products will be delivered to the address provided by the Customer when placing their order. It is therefore the Customer's responsibility to ensure that this address is correct. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery. 

Upon delivery, you may be asked to sign a receipt. 

No deliveries will be made to a post office box. 

Upon delivery, it is the Customer's responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip. 

 

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, the Customer may return it to the Operator. The Customer will have fourteen (14) days from the date of receipt of the order to do so.

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to send a withdrawal email to contact@felikit.com.

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by email.

If applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information: 

• name, geographical address, telephone number and email address;
• The customer may withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by post, fax, or email, provided these contact details are available and therefore appear on the standard withdrawal form). The customer may use the model withdrawal form, but this is not obligatory.

Return shipping costs are the responsibility of the customer.

The exceptions in Article L.221-28 of the Consumer Code apply and preclude the exercise of the right of withdrawal, particularly if the order constitutes a contract:

• of supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;
• supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;
• supply of goods made to the consumer's specifications or clearly personalized;
• supplying goods liable to deteriorate or expire rapidly;
• supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;
• supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
• supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• supplying a newspaper, periodical or magazine, except for subscription contracts for these publications;
• concluded at a public auction;
• provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
• of the supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all accessories. 

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, surname, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receiving the Product and all the necessary information to process the Customer's refund. This reimbursement may be made using the same payment method used by the Customer. Therefore, Customers who paid for their order using store credit/gift certificates may be reimbursed in store credit/gift certificates at the Operator's discretion. 

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

 

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator: 

• by email to contact@felikit.com, indicating your name, telephone number, the subject of your request and the order number concerned.

Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Site structure and all other intellectual property elements and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Site Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, displayed, stored, used, rented or exploited in any other way, whether for free or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown at this time, without the prior express written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

ARTICLE 14 – LIABILITY AND WARRANTY 

The Operator cannot be held responsible for the non-performance of the contract due to the Client or due to an event classified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to this agreement. 

The Client acknowledges that the characteristics and limitations of the Internet do not allow for a guarantee of the security, availability, and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to modify their content and/or presentation. 

The Operator cannot be held liable for any use of the Site and its services by Clients in violation of these Terms and Conditions, nor for any direct or indirect damages that such use may cause to a Client or a third party. In particular, the Operator cannot be held liable for any false statements made by a Client or for their conduct towards third parties. Should the Operator's liability be sought due to such conduct by one of its Clients, the Client agrees to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs incurred in its defense, including legal fees.

Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and from the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act under the legal guarantee of conformity:

• You have two (2) years from the date of delivery of the goods to take action:
• You can choose between repair or replacement of the item, subject to the cost conditions stipulated in Article L. 217-9 of the Consumer Code;
• You are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods). 

You may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In this case, you may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions of Sale: 

Article L.217-4 of the Consumer Code: 

"The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."

Article L.217-5 of the Consumer Code: 

"The property conforms to the contract:" 

1° If it is suitable for the purpose usually expected of similar goods and, where applicable: 

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the latter. 

Article L.217-7 of the Consumer Code: 

"Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is set at six months.

The seller can rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L.217-9 of the Consumer Code:

"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 cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer." 

Article L.217-12 of the Consumer Code: 

"The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods." 

Article 1641 of the Civil Code: 

"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

Article 1644 of the Civil Code:

"In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving a full refund, or keeping the item and receiving a partial refund."

Art. 1648 paragraph 1 of the civil code: 

"The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."

It is noted that seeking amicable solutions prior to any legal action does not interrupt the time limits for legal guarantees or the duration of any contractual guarantee.

 

ARTICLE 15 – PERSONAL DATA 

For more information regarding the Operator's use of personal data, please carefully read the Privacy Policy. You can consult this Policy at any time on the Website.

Article 16 – HYPERLINKS 

The hyperlinks available on the Site may lead to third-party websites not operated by the Operator. They are provided solely for the Client's convenience, to facilitate access to resources available on the Internet. If the Client uses these links, they will leave the Site and agree to use the third-party websites at their own risk or, where applicable, in accordance with the terms and conditions governing those websites.

The Client acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for these hyperlinks.

Furthermore, the Client acknowledges that the Operator cannot endorse, guarantee or take as its own all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hyperlinks and/or advertising banners linking to third-party sites not published by the Operator. 

The Operator invites the Client to report any hyperlink present on the Site which would allow access to a third-party site offering content contrary to laws and/or morals.

The Client may not use and/or insert any hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis. 

ARTICLE 17 – REFERENCES

The Client authorizes the Operator to mention the Client's name and logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 18 – GENERAL PROVISIONS

ENTIRE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared invalid under any law, regulation, or final ruling of a competent court, the remaining provisions shall remain in full force and effect. Furthermore, the failure of either party to enforce any provision of these General Terms and Conditions shall not be construed as a waiver of that party's right to enforce such provision in the future.

CHANGES TO TERMS AND CONDITIONS 

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease operating all or part of the Site. 

Furthermore, the Operator reserves the right to modify the Site's location on the Internet, as well as these Terms and Conditions, at any time and without prior notice. The Client is therefore required to consult these Terms and Conditions before using the Site. 

The Client acknowledges that the Operator cannot be held liable in any way to the Client or any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Client to save and/or print these General Terms and Conditions for safe and permanent storage, so that they can be invoked at any time during the performance of the contract if necessary.

COMPLAINT - MEDIATION

In case of dispute, you should first contact the company's customer service department by email: contact@felikit.com.

In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these Terms and Conditions opposing him to the Operator to the following mediator: BOMN, 100 rue Louis Blanc 60160 Montataire.

The mediator will attempt, independently and impartially, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

These General Terms and Conditions are governed by, interpreted and applied in accordance with French law.

CUSTOMER ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

The Client acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Client confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be provided to the Customer upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, unless the Customer who placed the order expressly agrees otherwise.