GENERAL TERMS & CONDITIONS OF SALE
Last updated on 01/03/2021
The present general terms and conditions of sale ("the GCS") govern the sale of the products of Virbac SA and its Affiliates ("the SELLER"). The local Affiliate, VIRBAC LIMITED, is responsible for the promotion and the management of sales in the local country through the site https://store.uk.virbac.co ("the WEBSITE") to any buyer ("the CLIENT"). The purpose of the GCS is to define the rights and obligations of the CLIENT in the context of the sale of products via the WEBSITE, as well as the roles and liability of the SELLER in the context of the sale of said products.
It is recalled that the CLIENT has read and accepted the terms and conditions of use of the WEBSITE governing the relationship between the SELLER and any user, including the CLIENT, regarding access and/or use of the WEBSITE ("the T&Cs"). As necessary, it is specified that, unless expressly provided otherwise in the T&Cs, the CLIENT is also required to comply with the T&Cs when ordering products via the WEBSITE.
Please read the provisions of these GCS carefully.
1. CLIENT ACCOUNT
1.1 In order to place an order on the WEBSITE, the CLIENT must have an account.
If the CLIENT already has an account under the T&Cs, they can connect to their account to place an order on the WEBSITE.
Otherwise, the creation of an account is proposed by the SELLER during the CLIENT's order process. The CLIENT must provide accurate information and a valid email address in order to contact the CLIENT notably regarding the confirmation of the creation of their account and in case of CLIENT’s order, notably to contact the CLIENT related to their order.
The CLIENT must have an account and be connected to the account to order products on the WEBSITE.
1.2 The CLIENT may, at any time, modify the information provided directly via its account and/or by contacting the SELLER. The CLIENT is invited to update their data regularly.
1.3 The password for the CLIENT’s account is strictly personal and confidential to the CLIENT. The CLIENT shall refrain from communicating it to third parties in any form whatsoever and undertakes to make every effort to maintain its confidentiality.
In the event of loss or theft of their password, including in the event that the CLIENT notices malicious use of their account, the CLIENT undertakes to inform the SELLER without delay by requesting to generate a new password [by email to the SELLER's contact address] or to use the technical functionality “I forgot my password” when connecting.
1.4 In the event of non-compliance by the CLIENT with the above obligations or any other provision of the GCS that justifies it, without prejudice to the other applicable conditions of the GCS, access to the CLIENT's account and thus to the order of products on the WEBSITE may be immediately and without notice, temporarily or permanently suspended or cancelled by means of deactivation of the account of the CLIENT in question, without prejudice to the other rights of the SELLER. The CLIENT may request the closure of their account at any time, without having to justify their reasons, subject to their obligations under the GCS and the T&Cs.
2. PLACING AND VALIDATION OF THE ORDER
2.1 The CLIENT declares to be of legal age and to have the legal capacity to contract and to order products via the WEBSITE. The offered goods are sold in customary domestic quantities only and only to persons of an age at which they are capable of entering into legal transactions.
2.2 The CLIENT selects on the WEBSITE the product(s) to purchase, the corresponding quantity and, if the WEBSITE offers it, the size and options of the product(s) offered. The CLIENT validates his choice by clicking on the "ADD TO BASKET" button.
The CLIENT can check their order by accessing their basket and can modify or delete it in whole or in part before validating it.
By clicking on the button "CHECK OUT NOW”, the CLIENT is invited to connect to their account or, if they do not have one, to create one. After having identified themselves by means of their account, the CLIENT selects the mode of delivery in accordance with the terms and conditions set out in the article "DELIVERY" of the GCS, as well as their billing address. The CLIENT undertakes to provide accurate data and to modify them if necessary.
In order to validate their order, the CLIENT is invited to click on the button "NEXT". The CLIENT will have a summary statement of their order including the product(s) chosen, the price of the delivery, the total to be paid.
The CLIENT will then choose their method of payment and fill in the required payment data. The CLIENT must imperatively have accepted the GCS and then click on the button "PLACE ORDER", a click that validates payment and acceptance of the GCS.
All information given by the CLIENT during the ordering process commits the latter. Consequently, in case of CLIENT’s error, the SELLER cannot be held responsible for the impossibility for delivering the product(s).
The CLIENT receives an order confirmation by e-mail with an order number. This order confirmation does not constitute acceptance of the offer. By placing an order the CLIENT is offering to purchase products on and subject to these terms and conditions. The SELLER reserves the right to refuse any such offer made by the CLIENT. When the CLIENT place an order, the CLIENT will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of CLIENT’s offer. A contract between the CLIENT and the SELLER will not be formed until the SELLER accepts CLIENT’s offer by sending to the CLIENT confirmation by email that the goods ordered have been dispatched to the CLIENT. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
2.3 The SELLER shall inform the CLIENT in the event of a stock shortage/problem that may affect their order.
2.4 Any Order shall be deemed acceptance of the price and description of the product(s) ordered and of the GCS in accordance with the article "ACCEPTANCE OF THE GCS".
2.5 The SELLER also reserves the right to refuse or cancel an order from a CLIENT with whom they have a dispute over the payment of a previous order or an objective suspicion of fraud.
3. ACCEPTANCE OF GCS
3.1 Any order for products from the SELLER, regardless of its origin, implies unreserved adherence to the GCS, which cancel any clause to the contrary that may appear in purchase orders, correspondence, terms of purchase, or documents issued by the CLIENT and not expressly approved by the SELLER.
3.2 The CLIENT undertakes to comply with these GCS and the legislation and regulations in force during the period of application of these GCS.
The reading and acceptance without reserve of these GCS are thus imperative and condition the order of products on the WEBSITE.
3.3 The CLIENT is informed of the GCS at the bottom of the new account form. After having read the GCS carefully, the CLIENT accepts them by ticking the box "I have read the Terms and Conditions and I agree".
After having carefully read the said GCS, the CLIENT accepts them by ticking the box "I have read the Terms and Conditions and I agree" and clicking on the "COMPLETE REGISTRATION" button.
This process gives electronic contractual value and proves that the CLIENT is aware of all of these GCS and the obligations incumbent upon it.
3.4 The sale will be considered concluded, on the basis of the GCS in force on the date of validation of the order by the CLIENT. The GCS are concluded, following their acceptance for the entire duration of execution of the order(s) carried out on the basis of the said GCS and the guarantees associated with the products concerned by the said order(s), except in the event of termination/rescission or force majeure.
3.5 In accordance with the regulations in force, the CLIENT may at any time consult, download or print on a durable medium the current GCS available on the WEBSITE by clicking on the "GCS" tab.
3.6 The SELLER reserves the right to modify its General Terms and Conditions of Sale from time to time without this affecting orders already placed, which shall remain governed by the applicable GCS and accepted by the CLIENT at the time the orders concerned are placed. Unless required by law, the modified GTC will be applicable within thirty (30) days following their publication online.
4.1 Each product is accompanied by a descriptive sheet containing the essential characteristics of the product, which the CLIENT is invited to read before placing any order.
4.2 Although the SELLER shall ensure that the visuals of the products are as faithful as possible, it cannot guarantee complete similarity with the products offered for sale. These visuals are not contractual.
4.3 Unless otherwise specified, the products presented on the WEBSITE as well as their prices are valid for the duration of their posting on the WEBSITE.
4.4 The SELLER reserves the right to modify, in accordance with the regulations in force, the list of products offered on the WEBSITE to the CLIENT and which the CLIENT has been able to reference without this giving rise to any compensation whatsoever for the benefit of the CLIENT.
5.1 The products are delivered from the warehouse(s) of the SELLER.
5.2 Regardless of the method of shipment, the SELLER's products shall be delivered by transport service providers in the areas delivered by the SELLER, i.e. Mainland UK excluding Northern Ireland. As the SELLER is responsible for the delivery of the products, the risk of loss or deterioration of the product is transferred to the CLIENT at the time of delivery of the products, i.e. the transfer to the CLIENT of the physical possession of the products.
5.3 The choice between the different modes of delivery offered depending on the product ordered is made at the time of validation of the order. The price of the delivery is indicated at the time of its selection and is thus added to the total amount of the order.
5.4 The delivery period and the terms and conditions specific to each delivery method shall be indicated to the CLIENT at the time of the choice of said terms and conditions.
5.5 Delivery is made to the delivery address indicated by the CLIENT, it being specified that this must be the residence address of the CLIENT, a person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or post office boxes.
In the event that delivery is impossible, due to an incorrect delivery address or the CLIENT’s failure to collect the order from the selected collection point, no re-shipment can be made and the CLIENT will be reimbursed within five (5) days of receipt of the order by the SELLER.
5.6 The SELLER shall deliver the products within a maximum period of 10 working days.
The SELLER shall not be held liable for any delay in delivery that is not due to its own fault or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the CLIENT may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of its request, reimbursement of the sums paid for the order. Notwithstanding the foregoing, the SELLER may not be held liable for the harmful consequences resulting from a delay in delivery, only the SELLER's reimbursement of the product being possible to the exclusion of any other form of compensation.
5.7 At the time of delivery, it is up to the CLIENT to check the good condition of their package and its contents upon arrival of his order. If necessary, the CLIENT must immediately express all of their reservations, and this, in a precise manner, directly on the delivery note. By signing the delivery note without any reservation, the CLIENT is presumed to have received the goods without any apparent defect.
In the event that the package and/or its contents are damaged, the CLIENT is invited to refuse the goods delivered by the carrier and to indicate this refusal expressly on the delivery note accompanied by any useful reserves.
This verification by the CLIENT at the time of receipt of the products before the carrier is essential in that it allows the SELLER to then exercise recourse against the carrier for any lack of conformity that would result from the transport or the delivery itself. In accordance with the legal framework in force, the CLIENT also benefits from the legal guarantee of conformity under the legal conditions provided by law in the United Kingdom. Independently of the verification of the perfect state of the delivered product, it is the same for any other anomaly noted by the CLIENT at the time of delivery, each of them having to be reported on the delivery note.
6. TERMS OF PAYMENT
6.1 The products are payable by cash on the day of the order.
6.2 The payment of the products is made by credit or debit card bearing the acronym VISA, AMERICAN EXPRESS or MASTERCARD via Adyen.
6.3 The CLIENT expressly acknowledges that the communication of its credit card number is equivalent to authorisation to debit its account up to the price of the products ordered. Where applicable, a notification of order cancellation for non-payment is sent to the CLIENT by the SELLER to the email address provided by the CLIENT when creating his account.
6.4 Upon completion of payment, the SELLER shall send the corresponding invoice to the CLIENT by e-mail.
6.5 In order to avoid any ambiguity, it is recalled that the cancellation of an order or the termination of the GCS does not relieve the CLIENT of its obligation to pay and the SELLER of its obligation to re-credit the sums, as the case may be, in accordance with the provisions of the GCS.
7. RIGHT OF WITHDRAWAL
7.1 According to the United Kingdom law in force, the CLIENT, a non-professional natural person, benefits from a right of withdrawal of fourteen (14) days from receipt of its order, without having to justify their decision or bear any other costs except for the sole cost of return, which remains the responsibility of the CLIENT.
7.2 This right of withdrawal is subject to certain exceptions, in particular with regard to the supply of goods that are subject to quick deterioration or expiration or that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery.
7.3 When the right of withdrawal is admissible in accordance with the legal provisions in force, the CLIENT who wishes to exercise it must notify the SELLER of their decision to withdraw from the order concerned by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) using the contact information specified on the website. The CLIENT may use the withdrawal form in the Annex, but this is not compulsory.
7.4 In order to be reimbursed, products returned by the CLIENT must be in their original packaging and in their original, new condition. Otherwise, if the product should be damaged on its return, the SELLER will be entitled to refuse the return and refund. The same applies to any product that has been opened or used or partly consumed (e.g. food products). The CLIENT must not go beyond what is necessary in order to appreciate the essential characteristics of the product.
7.5 The SELLER shall reimburse the order within fourteen (14) days at the latest from the date on which it is informed of the CLIENT’s decision to withdraw.
However, the refund is subject to the SELLER being able to recover the products subject to the return and the request for refund.
The SELLER shall make the refund using the same means of payment as that used to pay for the order, unless the CLIENT expressly agrees to use another and provided that the refund does not incur any additional costs. If this is the case or if the initial means of payment has expired, the CLIENT must contact the SELLER to change the method of reimbursement. The SELLER shall not be liable for any refund on an expired means of payment.
7.6 Any advantage previously granted and conditional on the purchase made will be lost and will thus intervene in restitution or in reduction of the reimbursement to be made.
7.7 If the CLIENT fails to comply with these GCS, the SELLER shall not be able to refund the products concerned. In all cases, the return costs shall be borne by the SELLER if the product delivered to the CLIENT is different from the product ordered (error in product reference, or in size or option) or if it is delivered damaged.
8. GUARANTEES AND LIABILITY OF THE SELLER
8.1. The documents, descriptions and information relating to the products appearing on the WEBSITE are not covered by any warranty, explicit or implicit, except for the warranties provided by law.
Subject to these reservations, the SELLER is only required to deliver products that comply with the contractual provisions. The products shall be deemed to comply with the contractual provisions if the following conditions are met: (i) they shall be conform to the description and possess the characteristics set out on the WEBSITE; (ii) they shall be fit for the purposes for which products of this kind are generally designed; (iii) they shall meet the quality and resistance criteria generally accepted for products of the same kind and which may reasonably be expected.
8.2 The SELLER guarantees the CLIENT in accordance with the legal provisions, and thus guarantees the CLIENT against hidden defects for the products on sale on the WEBSITE under the following conditions:
8.3 All products on sale on the WEBSITE benefit from the guarantee against hidden defects, allowing the CLIENT to return defective or non-compliant products delivered free of charge.
8.4 The SELLER guarantees the CLIENT in accordance with legal provisions, against any hidden defect recognized by the SELLER after contradictory examination, arising from a defect in material or manufacturing and makes the products unfit for their use. This warranty is limited to the replacement of the product or the reimbursement of these products at the choice of the SELLER, to the exclusion of all liability or compensation for any reason whatsoever and in particular to the exclusion of any compensation for indirect or incidental damage.
8.5 In order to assert their rights, the CLIENT must, under penalty of forfeiture of any action, inform the SELLER by registered letter of the existence of the defects within three (3) days of their discovery.
8.6 The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
8.7 These provisions are not exclusive of the right of withdrawal defined in the article "RIGHT OF WITHDRAWAL" of these GCS.
9. SALES – UK REGULATIONS
9.1 The products comply with the United Kingdom legislation in force.
9.2 Orders for delivery to another country will not be fulfilled.
In all cases, the SELLER's cannot be held liable in case of non-compliance with the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product). It is up to the CLIENT to check with the local authorities the possibilities of importing or using the products or services that it plans to order.
10. INTELLECTUAL PROPERTY
10.1 The SELLER’s website, logos, texts, photos, names and more generally, all communication are protected by intellectual property rights belonging to the SELLER, its subcontractors or other assigns.
10.2 It is forbidden to use and / or make modifications to the intellectual property rights as described in this article, such as for example to copy or reproduce drawings, photos, names, texts, logos, colour associations, etc. without express prior written authorisation from the SELLER.
11. FORCE MAJEURE
In no event shall the SELLER be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; supply difficulties, interruption of carriers, store fire or any other cause hindering the activity of the SELLER and notably the SELLER’s manufacturing unit, it being understood that the SELLER shall use reasonable efforts which are consistent with accepted practices in the veterinary industry to resume performance as soon as practicable under the circumstances. The CLIENT will not be able to take pretext of the occurrence of these circumstances to refuse the reception of the quantities all the same produced.
12. RESERVATION OF OWNERSHIP
12.1 The SELLER reserves full and complete ownership of the products sold until full payment of the full price, in principal, costs, taxes and compulsory contributions included.
13. APPLICABLE LAW AND JURISDICTION
13.1 The GCS are governed by the law of the United Kingdom, by way of exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
13.2 Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby.
13.2 The CLIENT is informed of the possibility of recourse, in the event of a dispute relating to these GCS, to a conventional mediation procedure or any other alternative dispute resolution method.
13.3 Any dispute that is not settled amicably will be brought before a United Kingdom court subject to the rules applicable to the CLIENT.
14. PROOF AGREEMENT
In addition to the legal provisions in force recognising the probative value of digital writing, the CLIENT recognises the probative value of e-mails and notifications made by the SELLER on the WEBSITE or by e-mail and other documents scanned in the context of the execution of the product order by the CLIENT.
It is understood that this article has neither the effect nor the purpose of limiting any other means of proof available to the CLIENT.
ANNEX - MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from your order placed on the WEBSITE - unless the right of withdrawal is excluded or limited in accordance with the applicable T&Cs.
To: VIRBAC LIMITED, Woolpit Business Park, Windmill Avenue, Woolpit, Bury St Edmunds, Suffolk, IP30 9UP.
Fax : 01359 243200
Email : firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on: __________________/ Received on: __________________
Name of Customer: ______________________________________________
Customer’s Address: ____________________________________________