Any reservation will be validated by the payment of a deposit of 30% of the quote amount. The balance must be paid 3 working days before the planned travel date. Failure to pay the balance before departure will result in cancellation of the reservation under these General Conditions of Sale.
1. DEFINITIONS
1.1. These General Conditions of Sale (hereinafter the “CGV”) are offered by the company MAPETS, a simplified joint stock company with a single shareholder registered with the RCS under number 914 435 771 whose head office is located at 734, route de Saint-Jean 30500 Saint Victor de Malcap, taken in the person of its legal representative (hereinafter the “Company”).
1.2. The Company offers the customer (hereinafter the “Customer” or “Customers”) animal transport services (hereinafter the “Service(s)”).
1.3. The Company and the Client are hereinafter referred to together as the “Parties” or individually as a “Party”.
2. APPLICATION AND ENFORCEMENT OF THE CGV
2.1. The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the Services as offered for sale to Customers.
They therefore apply to any order for Services (hereinafter the “Order”) placed by the Customer.
2.2. The Customer declares to have read and accepted these General Terms and Conditions before placing their Order.
2.3. Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the date the Order is placed.
2.4. Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these General Conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions.
3. ORDER
3.1. The Services are accessible to any natural or legal person with the legal capacity to act.
3.2. The Services offered by the Company are described and presented with the greatest possible accuracy. However, a minimal variation in the offer of the Service(s) does not engage the responsibility of the Company and does not affect the validity of the sale.
3.3. The Customer indicates to the Company by any means the Service(s) he wishes to order as well as any information requested by the Company, including his contact details.
3.4. The Company then issues a summary quote including the Service(s) it intends to provide to the Client as precisely as possible (the “Quotation”).
3.5. The Quote presents the list of the Service(s) that the Customer has selected, and includes any additional costs added to the price of the Service(s) of the Order.
3.6. After accessing the summary of his Order on the Quote, the Customer confirms acceptance of his Order by any means.
3.7. After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
4. CALENDAR
The Services are provided at the locations and dates validated between the Parties by any means.
In the event of unavailability due to its own cause, the Company will reimburse any sums paid by the Customer.
5. CANCELLATION
Any cancellation request must be sent to the Company by email to the address provided by the Company.
For any cancellation request sent more than 30 days before the start of the Service, the Company will provide a full refund.
For any cancellation request between 30 days and 15 days before the start of the service provided for herein, the Company will reimburse the Client up to 50%.
No refund will be made in the context of a cancellation request sent less than 15 days before the start of the service provided for herein.
6. PRICE AND PAYMENT TERMS OF THE ORDER
6.1. The prices of the Services are mentioned in the Quote communicated to the Customer by the Company, in euros and excluding tax and all taxes included or in any other currency, if applicable.
6.2. The total amount is indicated in the Quote, before the Customer accepts these General Terms and Conditions and validates their Order. This total amount is indicated including all taxes.
6.3. The Order for Services is payable in euros.
6.4. Payment for the Order is made according to the instructions communicated in the Quote, in particular by check or transfer. In particular, the Company may require payment of a deposit from the Client upon acceptance of the Quote.
Failure to pay automatically accrues late payment interest at the legal rate according to applicable legislation.
Furthermore, a fixed compensation for recovery costs of at least 40 euros is due by professional debtors in the event of late payment (article D.441-5 of the Commercial Code).
6.5. Subject to applicable legislation, the Company reserves the right to suspend or cancel any execution of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Client to the Company in accordance herewith.
7. TERMS OF PROVISION OF TRANSPORT SERVICES
7.1. The Service(s) offered by the Company may be provided in mainland France subject to the instructions provided to the Customer by the Company.
7.2. The Company undertakes to perform and provide the Services subject to the unavailability mentioned herein.
7.3. The Customer must ensure that the information communicated referred to in these General Terms and Conditions is correct, and that it remains so until the Service(s) ordered have been completely provided.
The Company will also not be responsible if the failure to perform the Services is due to the actions of a third party outside its intervention.
8. CUSTOMER OBLIGATIONS
8.1. The Customer undertakes to respect the terms of these General Terms and Conditions.
8.2. The Client is fully informed that he is subject to an obligation of collaboration and cooperation with the Company, without which the Company cannot guarantee that it will be able to provide the Services in the most optimal way possible.
8.3. Furthermore, the Client undertakes to comply with the Company's instructions if necessary in the context of the execution of the Services. In particular, the Client undertakes to provide all documents requested by the Company.
8.4. Concerning a live animal transport service, the Customer undertakes to cage the animal entrusted to the Company and to install the cage in the vehicle used.
9. WARRANTY
The Company declares and guarantees to the Client that it has all legal, regulatory or administrative authorizations to provide the Services it offers to the Client.
In this context, it guarantees that the Services are provided in compliance with all the rules applicable to the Services.
10. RESPONSIBILITY
10.1. The Company implements all measures to ensure that the Client is provided, under optimal conditions, with quality services. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.
10.2. In any event, any damages owed by the Company would be limited to the amount paid by the Customer to the Company subject to applicable legislation.
10.3. It is specified that the Company is only bound by an obligation of means in the context of the provision of the Services.
10.4. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.
11. FORCE MAJEURE
Force majeure or fortuitous event releases the Company from any commitment. War, riot, fire, flood, pandemics and epidemics imposing restrictions on the normal conduct of professional activities, total or partial strikes and other social conflicts, interruption of services are particularly considered as such. transport and all other causes hindering or interrupting the provision of Services by the Company to the Client.
12. SUBCONTRACTING
The Client is informed and accepts that the Company uses, if necessary and depending on the Services, one or more subcontractors that it has carefully selected.
13. ASSURANCE
The Company has taken out a professional insurance policy with a reputably solvent insurance company which covers losses which may arise during the execution of these terms.
14. TITLE
These General Terms and Conditions apply for the duration necessary for the performance of the Services by the Company.
15. RIGHT OF WITHDRAWAL
In accordance with article L.211-18 of the Consumer Code, the Individual Customer usually has a withdrawal period of 14 days from the day of receipt of the order in the case of a contract for the supply of goods. or from the signing of the sales contract in the event of service provision concluded remotely.
In accordance with article L.221-28 of the Consumer Code, this withdrawal period is not applicable when the Services must be provided less than 14 days before the start of the service.
In accordance with Law No. 78-17 of January 6, 1978 as amended (known as the “Informatics and Liberties Law”) and the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”), personal data concerning Customers are subject to computer processing by the Company acting as data controller in particular: carrying out operations relating to the management of commercial relations in the context of the supply of all products, facilitating the identification of Customers and inform Customers of any modification made to the Company's products and Services, improve them, carry out prospecting actions and statistical analyses.
This data is not likely to be transferred to countries that are not members of the European Economic Area.
For the strict purposes of managing commercial relationships, this data may be communicated to the Company's partners. This data is kept for the period strictly necessary to achieve the purposes mentioned above.
Everyone has a right of access, rectification, portability, erasure of their personal data or limitation of their processing, the right to object to the processing of their data for legitimate reasons and the right to withdraw his consent at any time. Finally, everyone has the right to lodge a complaint with a supervisory authority and to define directives relating to the fate of their personal data after their death.
These rights can be exercised by post to the data controller: MAPETS SAS subject, where applicable, to proof of the identity of the person concerned.
17. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
17.1. These General Terms and Conditions are governed and interpreted exclusively in accordance with French law, without taking into account the principles of conflicts of law.
17.2. In the event of difficulty, the Customer can contact the Consumer Mediator and resort to the Consumer Mediation procedure with Yves LEGEAY, Mediator with the National Union of Dog and Cat Professions.
17.3. In the event of failure of this mediation procedure, the procedural rules of common law will apply.