These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Client” or “Clients”), wishing to purchase the products offered for sale (“the Products”) by the Seller on the website pimpan.fr. The Products offered for sale on the website are as follows: clothing and accessories for dogs.
The main characteristics of the Products, in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website pimpan.fr, of which the Client is required to take note before placing an order. The choice and purchase of a Product are the sole responsibility of the Client. Product offers are valid within the limits of available stock, as specified when the order is placed.
These GTCS are accessible at any time on the website pimpan.fr and shall prevail over any other document.
The Seller’s details are as follows:
Pimpan, SAS
Share capital: 100 euros
Registered with the Paris Trade and Companies Register under number 931516785
92 avenue Niel
Email: hello@pimpan.fr
The Products presented on the website pimpan.fr are offered for sale worldwide.
For any order to a country other than mainland France, the Client is considered the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas territories, the price will automatically be calculated exclusive of tax on the invoice.
Please note: only the French version of these General Terms and Conditions of Sale is legally binding. This English translation is provided for convenience only.
The Products are supplied at the prices in effect as displayed on the website pimpan.fr at the time the order is recorded by the Seller. Prices are expressed in euros, both excluding and including VAT. The prices take into account any discounts granted by the Seller as indicated on the website pimpan.fr. These prices are firm and not subject to revision during their period of validity; however, the Seller reserves the right, outside of such validity period, to modify the prices at any time.
The prices do not include handling, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to the placement of the order. The amount payable by the Client corresponds to the total purchase amount, including these additional costs.
An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Products.
It is the Client’s responsibility to select on the website pimpan.fr the Products they wish to order, according to the following process: the Client selects a Product, which is then placed in their shopping cart. The Product may be removed or modified before the Client confirms their order and accepts these General Terms and Conditions of Sale. The Client will then enter their details or log in to their account and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the Client under the conditions provided.
Product offers are valid as long as they are visible on the website, within the limits of available stock. The sale shall be deemed valid only after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website pimpan.fr constitutes the formation of a distance contract between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there is an ongoing dispute concerning payment of a prior order. The Client may track the status of their order on the website.
The price is paid through secure payment, under the following terms:
– Payment by credit card.
The price must be paid in full by the Client on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider handling banking transactions carried out on the website pimpan.fr.
Payments made by the Client shall only be considered final once the amounts due have been effectively received by the Seller. The Seller shall not be required to deliver the Products ordered by the Client if the latter has not paid the full price under the conditions set out above.
The Products ordered by the Client will be delivered within mainland France or in the following territories: worldwide.
Deliveries will be made within 30 days to the address indicated by the Client when placing the order on the website. Delivery is defined as the transfer to the Client of the physical possession or control of the Product. Except in special cases or in the event of unavailability of one or more Products, the ordered Products will be delivered in a single shipment. The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the above-mentioned time limits.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or an act attributable to the Client, the Client may cancel the sale by written request, in accordance with Articles L216-2, L216-3, and L241-4 of the French Consumer Code. The sums paid by the Client will then be refunded within no more than fourteen (14) days following termination of the contract, excluding any compensation or withholding.
Deliveries are carried out by an independent carrier to the address indicated by the Client at the time of the order and accessible to the carrier. When the Client arranges for delivery through a carrier of their own choice, delivery shall be deemed completed once the Products have been handed over by the Seller to the carrier, who has accepted them without reservations. The Client therefore acknowledges that it is the carrier’s responsibility to carry out the delivery and that they have no recourse against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request from the Client regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, based on a quotation previously accepted in writing by the Client.
The Client must check the condition of the Products upon delivery. The Client has a period of seven (7) days from delivery to submit claims by email to hello@pimpan.fr, accompanied by all supporting documents (including photographs). After this period, and if these formalities have not been complied with, the Products will be deemed compliant and free of any apparent defect, and no claim can be validly accepted by the Seller. The Seller will refund or replace, as soon as possible and at its own expense, any Products delivered that are duly proven by the Client to have non-conformities or apparent or hidden defects, in accordance with Articles L217-4 et seq. of the French Consumer Code and the provisions of these GTCS.
The transfer of risk of loss and damage relating to the Products shall only occur when the Client takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Client has chosen the carrier themselves, in which case the risks are transferred at the time the goods are handed over to the carrier.
The transfer of ownership of the Products from the Seller to the Client shall only take place after full payment of the price by the Client, regardless of the delivery date of said Products.
In accordance with Article L221-18 of the French Consumer Code: “For contracts providing for the regular delivery of goods over a defined period, the withdrawal period begins from the receipt of the first good.”
The right of withdrawal may be exercised by sending an email to the Seller at the email address indicated in the Scope of Application section of these GTCS, clearly expressing the Client’s intention to withdraw. The email must contain the following information: order date, order number, Client’s name, and Client’s address.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so as to allow for their resale in new condition, and must be accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted. Return costs shall remain the responsibility of the Client.
An exchange (subject to availability) or refund will be issued within 14 days from receipt by the Seller of the Products returned by the Client, in accordance with the conditions set out in this article.
The Products supplied by the Seller benefit from:
– The statutory warranty of conformity, for Products that are defective, damaged, or not in accordance with the order.
– The statutory warranty against hidden defects arising from a defect in material, design, or manufacture affecting the delivered Products and rendering them unfit for use.
Provisions relating to statutory warranties:
Article L217-4 of the French Consumer Code
“The seller is required to 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 this has been made their responsibility under the contract or has been carried out under their responsibility.”
Article L217-5 of the French Consumer Code
“The goods conform to the contract:
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity is barred after two years from delivery of the goods.”
Article 1641 of the French Civil Code
“The seller is bound by a warranty for hidden defects in the item sold that render it unfit for the use for which it was intended, or that so diminish its use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.”
Article 1648 paragraph 1 of the French Civil Code
“Any action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”
Article L217-16 of the French Consumer Code
“When the buyer requests from the seller, during the course of the commercial warranty granted at the time of the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the buyer’s request for intervention or from the provision of the good for repair, if this provision is later than the request for intervention.”
To exercise their rights, the Client must inform the Seller in writing (by email or letter) of the non-conformity of the Products or the existence of hidden defects, as soon as they are discovered. The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements, or repairs of Products deemed non-conforming or defective will be carried out as soon as possible and no later than thirty (30) days after the Seller has acknowledged the lack of conformity or hidden defect. Refunds may be made by bank transfer or check.
The Seller’s liability shall not be engaged in the following cases:
– Non-compliance with the legislation of the country where the Products are delivered, which it is the Client’s responsibility to verify;
– In the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as in the event of normal wear and tear of the Product, accident, or force majeure;
– Photographs and graphics presented on the website are not contractual and shall not engage the Seller’s liability.
In any event, the Seller’s warranty is limited to the replacement or refund of Products that are non-conforming or affected by a defect.
The Client is informed that the collection of personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. Such personal data is collected solely for the performance of the sales contract.
Provided that these rights do not conflict with the purpose of the processing, they may be exercised by sending a request by post or email to the Data Controller, whose contact details are provided above. The Data Controller must respond within a maximum of one month. In case of refusal to grant the Client’s request, the refusal must be reasoned.
The Client is informed that in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or take legal action.
The Client may also be invited to tick a box to accept receiving informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link included in the emails.
The content of the website pimpan.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. These GTCS are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be legally binding in the event of a dispute.
For any claim, please contact customer service at the Seller’s email address indicated in Article 1 of these GTCS.
The Client is informed that they may, in any case, resort to conventional mediation with the relevant sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The Client is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes arising from the purchase and sale transactions concluded under these GTCS, and which have not been settled amicably between the Seller and the Client or through mediation, shall be submitted to the competent courts under the conditions of common law.