General Conditions of Sale

Last updated: 03/24/2025

Article 1 - Purpose

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer about the terms and conditions under which the seller (CAKES FOR PETS) proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by CAKES FOR PETS to the consumer (the Buyer). They apply, without restriction or reservation, to all sales of products offered by CAKES FOR PETS on its official website www.cakesforpets.fr (hereinafter the Site).

Consequently, the fact that any person orders a product offered for sale on the CAKES FOR PETS Website implies full and complete acceptance of these general conditions of sale, which the Buyer acknowledges having read prior to placing their order.

The products are offered for sale and delivery in the following geographical areas: mainland France (including Monaco and Corsica), all member countries of the European Union.

For the purposes of these General Conditions of Sale, the Buyer and CAKES FOR PETS are individually or collectively referred to as the Party or Parties.

The Buyer, prior to placing an order, declares that:

• The purchase of products on the CAKES FOR PETS website is not directly related to a professional activity and is limited to strictly personal use; unless prior agreement is requested from the company's directors.
• Have full legal capacity, allowing him to commit to these general conditions of sale.

Any order that clearly does not correspond to a retail sale and, more generally, any fraudulent order or order presumed to be such, will be considered by CAKES FOR PETS as null and void.

CAKES FOR PETS reserves the right to modify these general terms and conditions of sale at any time.

However, the General Terms and Conditions of Sale applicable to the order placed by a Buyer on the CAKES FOR PETS Website are those accepted by the Buyer at the time of placing such order. These General Terms and Conditions of Sale supplement the conditions of use of the Website www.cakesforpets.fr, available at any time in the General Terms and Conditions of Sale section of the Website and applicable to the Buyer.

Article 2 - Identity of the Company

Name: CAKES FOR PETS / Micro-Enterprise

Address: 11, rue de la Villette 06800 Cagnes sur Mer
SIRET: 922 699 517 00012
Email: contact@cakesforpets.fr

Article 3 - Formation of the contract and orders

3.1 Rates

The sales prices of products online on the CAKES FOR PETS Website, indicated inclusive of all taxes and in euros, are those in effect at the time the order form is registered by the Buyer.

CAKES FOR PETS may change product prices at any time. The Buyer will be notified of any changes before placing an order. Prices do not include shipping costs, which are charged in addition to the price of the products purchased based on the amount and weight of the order.

Shipping costs will be indicated before the order is registered by the Buyer.

3.2 Product characteristics

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, find out, on the CAKES FOR PETS Website, the essential characteristics of the product(s) he wishes to order.

The Buyer can select one or more products from the different categories offered on the CAKES FOR PETS Website.

CAKES FOR PETS may modify the assortment of products offered for sale on its Website, depending in particular on constraints linked to its suppliers, without prejudice to orders placed by the Buyer. 

3.3 Order

Any order implies acceptance of these general conditions of sale, without prejudice to specific contractual conditions concluded between the Parties.

The Buyer has the possibility to check the details of his draft order before validating it and to correct any errors.

From the moment the Buyer confirms his order by clicking on the Validate icon, he is considered to have knowingly accepted these general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by the Buyer.

The order validated by the Buyer will be confirmed by CAKES FOR PETS. The sale will be final upon full payment by the Buyer. The order will be confirmed to the Buyer by any appropriate means (the " Order Confirmation ") and an email will be sent to the Buyer when the order is shipped.

No further changes can be made once the order has been validated and acknowledged by CAKES FOR PETS. However, if an error is found in the data entered by the Buyer, the Buyer is invited to inform CAKES FOR PETS by email at contact@cakesforpets.fr

CAKES FOR PETS recommends that the Buyer keep the information contained in the Order Confirmation sent by CAKES FOR PETS on a paper document or electronic medium.

By confirming your order, you agree to receive communications regarding similar or complementary products offered by CAKES FOR PETS. You may object to these communications at any time. All information relating to the processing of your data can be found in our privacy policy.

Article 4 - Payment

Payment must be made by the Buyer when placing the online order. At no time may the amounts paid be considered as a deposit or down payment.

All orders are payable in euros, including all taxes and mandatory contributions. To pay for their order, the Buyer may use the following payment method: credit card under the conditions detailed below.

The following bank cards are accepted on the CAKES FOR PETS website: Carte Bleue, Visa and MasterCard.

Payments made by credit card are processed through the secure Mollie system (an online payment tool provided by Shopify). It uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport over the network.

In case of payment by credit card, the buyer's account will be debited on the day of the order.

Online credits are issued exclusively by CAKES FOR PETS and can be used by their recipient only on the CAKES FOR PETS website. They are valid for one year from the date of issue.

The Buyer guarantees to CAKES FOR PETS that he has the necessary authorizations to use the payment method he has chosen for his order, when registering his order form.

CAKES FOR PETS reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the CAKES FOR PETS Website.

Delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions hereof.

As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party authorized by law or designated by CAKES FOR PETS for the sole purpose of verifying the identification of the Buyer, the validity of the order, the payment method used and the planned delivery.

Article 5 - Delivery and receipt

5.1 Delivery conditions

5.1.1 General rules

The products which are the subject of a definitive order from the Buyer under the conditions described in article 3.3 above will be delivered to the address indicated by the Buyer on the order form, only in mainland France (including Monaco and Corsica), in the member countries of the European Union.

By default, purchase invoices are sent by email to the email address provided by the Buyer when registering on the CAKES FOR PETS Website. Failure to comply with the contractual conditions described below will result in no claims from the Buyer being accepted.

Depending on the size of the package and the delivery location indicated by the Buyer, one or more delivery methods will be offered to the Buyer when placing the Order.

Regardless of the delivery method, the Buyer or recipient of the products ordered is invited to check the apparent condition of the products upon delivery.

5.1.2 Delivery characteristics

1 - Delivery methods

Home delivery:

The package containing the products ordered and paid for is placed in the mailbox at the Delivery Address provided by the buyer.

In the event that the mailbox is insufficiently large, the Buyer or recipient of the Order receives a delivery notice, allowing them to collect the package from the place indicated in this delivery notice within 10 to 14 days.

Delivery against signature:

In the event of absence, the Buyer or the recipient of the order receives a delivery notice/email/SMS notification from the delivery service, allowing them to collect the ordered products from a relay point or the nearest Post Office, indicated in the delivery notice/email/SMS within a period of fifteen days.

Relay point:

The package containing the products ordered and paid for is delivered to the relay point selected by the Buyer when placing the Order.

The Purchaser of the Order receives an email allowing them to collect the package at the relay point during the period indicated in the email from CAKES FOR PETS or its carrier. Collection from the relay point is only possible upon presentation of the aforementioned email, proof of identity and a signature from the Purchaser.

The signature affixed by the Buyer or the recipient of the Order on the PDA constitutes proof of delivery and receipt by the buyer or the recipient of the order of the products ordered. No dispute relating to the delivery itself is possible, the package can only be delivered upon presentation of proof of identity.

2 - Returns in the absence of withdrawal

Regardless of the delivery method, if the package is not collected within the time indicated on the delivery notice, the package will be returned to the CAKES FOR PETS logistics department. In this case, the Buyer will be reimbursed for the amount of the Order, less delivery costs, using the same payment method used for the purchase, unless the Buyer expressly agrees to another method of reimbursement.

3 - Loss of package

In the event of a lost package, CAKES FOR PETS is responsible for taking legal action against the carrier to report the loss and request an investigation into the package. It is obliged to respect the deadlines imposed by La Poste or the carriers regarding the declaration of loss, the investigation and the refund/return of the order. In fact, the Buyer is also bound by these deadlines.

The complaint file allowing an investigation to be opened generally consists of several documents (certificate of honour, personal Colissimo complaint number) which will be requested from the Buyer by CAKES FOR PETS, during their exchanges.

The results of the investigations are provided by the carriers within a period varying from 1 to 3 weeks. A refund or a new shipment of the order will be offered to the Buyer depending on the conclusions of the investigation. CAKES FOR PETS will do everything possible to satisfy the Buyer and shorten the delivery time.

4 - Delivery anomaly

Any delivery anomaly (damage, damaged package, broken products, etc.) must be reported to CAKES FOR PETS within 3 days of delivery. This process of notifying a delivery anomaly does not exclude the benefit of the legal guarantees from which the Buyer benefits (Article 13).

The Buyer or recipient of the Order must report the absence or damage to the product to CKAES FOR PETS at contact@cakesforpets.fr, who will remind them of the procedure to follow, as indicated below, to be able to request a refund or a new shipment of the products ordered.

CAKES FOR PETS may request any information relating to the identity of the Buyer or the recipient, the Order and the package to carry out any useful verification, on this occasion and in order to respond to the complaint. It is strongly recommended that the Buyer, if he notices the slightest defect during delivery, expresses reservations on the delivery slip, takes photos of the packaging (including labels) and the products in order to be able to provide CAKES FOR PETS with the documents necessary to examine his complaint.

CAKES FOR PETS will bear all return/reshipping costs relating to any anomaly arising prior to taking possession of the product and therefore the transfer of risks to the consumer.

Compensation, reimbursement or exchange of the product will be offered to the Buyer, depending on the anomaly noted.

5.2 Delivery times

For any order confirmed on the CAKES FOR PETS website, the preparation of the order will take place within 7 days maximum.

After preparation, the delivery times for your order under the conditions described in article 3.3. above are as follows:

• Home delivery within 2 and 5 days in Metropolitan France, 5 to 8 days for the French overseas departments and territories and Europe.
• Relay point: France and international (if countries concerned): 2 and 5 days in Metropolitan France, and up to 8 days for international

In any event, the Buyer is informed that the products ordered will be delivered within a maximum period of thirty days from the day following that on which the Buyer registered his order, subject to full payment of the price.

In the event that the carrier exceeds the delivery times mentioned above and exceeds 15 days not due to a case of force majeure, CAKES FOR PETS will conduct an investigation with the carrier and will contact the Buyer to offer to cancel the order; the Buyer must formalize their choice to cancel the order by returning an email to CAKES FOR PETS: contact@cakesforpets.fr.

Customs :

There are no customs duties for products delivered to France or the European Community. For other countries, customs taxes may be payable. It is the Buyer's responsibility to contact their country's customs services to make a customs declaration, if necessary. CAKES FOR PETS cannot be held responsible for any additional costs related to these customs taxes.

As a reminder, the French overseas departments and territories are considered outside the European Union and therefore subject to customs clearance.

Shipping costs:

Shipping costs are charged based on the weight of the package, the country of delivery and the chosen carrier.

Free shipping:

Free shipping applies to all orders over 80 euros , to mainland France only , for home delivery or delivery to a relay point, except for commercial operations offering delivery with a lower threshold.

5.3 Transfer of risks

Delivery is deemed to have been made at the time of receipt by the Buyer or by a person designated by the Buyer of the products. The transfer of risks takes place at the same time.

Article 6 - Right and period of withdrawal

Legal right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. In the event of an order sent in several packages, the withdrawal period for the order begins on the day following receipt of the last product in the order.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration in the form of your choice or by using the withdrawal form provided in Article 7 (below) of these conditions of sale - completed by you - to the email address contact@cakesforpets.fr or to the following address:

CAKES FOR PETS – 11, rue de la Villette 06800 Cagnes sur Mer

If you use this option, we will send you an acknowledgment of receipt of the withdrawal on a durable medium (by email) without delay.

By way of exception to the above and in accordance with Article L.221-28 of the Consumer Code, the Buyer is informed that the right of withdrawal cannot be exercised when the subject of the contract relates to the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

In accordance with the provisions of Article L.121-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods likely to deteriorate or expire rapidly, for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Effects of withdrawal:

If you withdraw from this contract, we will reimburse all payments received from you, including the initial delivery costs (with the exception of the additional costs resulting from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard Colissimo delivery method offered by us) upon receipt of the return of your order, following the refusal of delivery and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this reimbursement will not incur any fees for you.

We may withhold reimbursement until we have received the goods back or until you have provided evidence of having sent back the goods, whichever is the earliest.

The right of withdrawal entails an obligation to return the products ordered. In accordance with Article L. 121-23 of the French Consumer Code, following the exercise of his right of withdrawal, the Buyer has a period of 14 (fourteen) clear days from the day of receipt of his order by himself or by the recipient of the order, to return his entire order at his expense and obtain, at the Buyer's choice, the exchange of the products, or a credit note or a refund corresponding to the amount of his order. The products must be returned to CAKES FOR PETS according to the procedure described in Article 7 - below.

Article 7 - Return of products

To return all or part of an order during your withdrawal period, we recommend that you contact us by email to obtain all the information necessary for its proper receipt.

CAKES FOR PETS does not accept packages sent freight collect. Any risk associated with returning the product is the responsibility of the Buyer.

Return costs following withdrawal or for errors made by the Buyer when placing the order, voluntary exchange will be borne by the Buyer.

Please note: no product should be returned without prior approval from CAKES FOR PETS.

The products must be returned in their original condition, protected or packaged in their original packaging. Any opened product, from which the blister/sealer has been removed, will not be refunded or returned in its original condition. The Buyer may be held liable by CAKES FOR PETS in the event of depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics and good condition.

The consumer has a period of two years from delivery of the goods to implement the legal guarantee of conformity (Article L. 217-4 et seq. of the Consumer Code) and of hidden defects (Articles 1641 et seq. of the Civil Code). The consumer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217.8 of the Consumer Code.

Below is the standard withdrawal request form to be sent by email: contact@cakesforpets.fr or by post to CAKES FOR PETS - 11, rue de la Villette 06800 Cagnes sur Mer.

MODEL WITHDRAWAL FORM:

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Cakes For Pets, 11, rue de la Villette 06800 Cagnes sur Mer – contact@cakesforpets.fr :

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Article 8 - Retention of title

CAKES FOR PETS retains full ownership of the products sold until full payment of the price, including principal, fees, taxes and mandatory contributions.

Article 9 - Partial invalidity

If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 10 - Non-waiver

The fact that one of the parties does not assert against the other party a breach of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver of the obligation in question.

Article 11 - Intellectual property

The Site as a whole, as well as the products and their packaging sold there, and each of the visual or audio elements that compose it (namely in particular the brands, logos, designs and models, illustrations, photographs, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of CAKES FOR PETS or the holders of the intellectual property rights concerned. All these elements are protected by copyright, trademark law, design law, patent law as well as sui generis rights.

Consequently, any reproduction, communication, downloading, modification or total or partial use of any of these elements belonging to CAKES FOR PETS or to a third party, for any reason and on any medium whatsoever, requires the express and prior authorization of CAKES FOR PETS or their owners, except when authorized by law. The Buyer declares and guarantees to be informed that in the event of failure to comply with any of these obligations, he is exposed to legal proceedings before the civil and/or criminal courts.

Article 12 - "Information Technology and Freedoms"

As part of their contractual relations, CAKES FOR PETS undertakes to comply with the Data Protection Act of 6 January 1978 as amended by EU Regulation No. 2016/679 relating to the processing of personal data of natural persons as well as all recommendations and guidelines issued by the competent authorities regarding the protection of personal data (the "Personal Data Regulations").

The execution of the Contract entails the processing of Personal Data by CAKES FOR PETS for the purposes of managing the contractual relationship between the Parties.

These treatments are subject to the Personal Data Regulations. CAKES FOR PETS declares to be aware of the rights and obligations of each of the Parties, resulting from the Personal Data Regulations to the processing of Personal Data implemented within the framework of the execution of the Contract.

CAKES FOR PETS undertakes to collect, process, use and transfer Personal Data in compliance with the Personal Data Regulations and in particular to process Personal Data in a fair and legal manner in all circumstances.

CAKES FOR PETS declares that it has complied with all its legal obligations in this regard and undertakes to comply with them throughout the duration of the Contract, and in particular to make any declaration to the authorities in charge of data protection or to the persons concerned and/or to obtain from said authorities and the persons concerned any necessary authorization, within the framework of the collection and processing of Personal Data for the purposes of managing the commercial relationship. 

Article 13 - Legal guarantees

The Buyer benefits from legal guarantees and in particular the two-year legal guarantee of conformity, which runs from the delivery of the goods ( 13.2 ) and the legal guarantee of hidden defects which runs for two years from the discovery of the defect ( 13.3 ), in accordance with the provisions of the Consumer Code and the Civil Code. 

13.1 General Provisions

The Buyer can select one or more products from the different categories offered on the CAKES FOR PETS Site.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an Order, find out, on the CAKES FOR PETS Website, the essential characteristics of the product(s) he wishes to order.

Article L-111-1: “Before the consumer is bound by a contract for consideration, the professional communicates to the consumer, in a legible and comprehensible manner, the following information:

1° The essential characteristics of the good or service, as well as those of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the good containing digital elements, digital content or digital service, as well as the existence of any software installation restrictions;

2° The price or any other advantage provided instead of or in addition to the payment of a price in application of Articles L. 112-1 to L. 112-4-1;

3° In the absence of immediate execution of the contract, the date or period within which the professional undertakes to deliver the goods or perform the service;

4° Information relating to the identity of the professional, his postal, telephone and electronic contact details and his activities, provided that they do not emerge from the context;

5° The existence and terms of implementation of legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions;

6° The possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI.

The list and precise content of this information are set by decree in the Council of State.

The products comply with current French legislation. CAKES FOR PETS cannot be held liable for non-compliance with the legislation of the country to which the product will be delivered (e.g., in the event of a product ban, etc.). It is the Buyer's responsibility to check with the local authorities in the country where the products are delivered regarding the possibilities of importing or using the products and services they plan to order.

CAKES FOR PETS cannot guarantee that the information on product packaging is translated into all languages ​​of the European Union. However, this information is available in French at a minimum.

For any questions relating to the products and their use, any additional questions or requests for advice, the Buyer can contact CAKES FOR PETS at contact@cakesforpets.fr or via the “contact” section of the CAKES FOR PETS Website.

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the buyer to return defective or non-compliant products delivered free of charge.

The purposes, recipients, retention periods and conditions under which the company collects and processes personal data are presented in the “ Privacy Charter” policy. » of the Site, which details all the information relating to the processing of personal data as well as the rights of the persons concerned in connection with this processing.

13.2 Legal guarantee of conformity

The French Consumer Code provides the following in terms of legal guarantee of conformity:

Article L-211-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.”

Article L217-3: “The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this date. […] The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the latter becomes aware of the lack of conformity.”

Article L217-4: “The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract; 4° It is updated in accordance with the contract.”

Article L217-5: “I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates: 1° That he did not know them and was not legitimately able to know them; 2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or 3° That the public statements could not have had an influence on the purchasing decision. III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract.

Article L217-7: “Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed. […].”

Article L217-8: “In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages.”

Article L217-9: “The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section. The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.”

Article L217-10: “The goods shall be brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer’s request and without major inconvenience to the consumer, taking into account the nature of the goods and the intended use by the consumer. The repair or replacement of the non-compliant goods shall include, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller. A decree shall specify the terms and conditions for bringing the goods into conformity.”

Article L217-11: “The conformity of the good takes place at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.”

Article L217-12: “The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to: 1° The value that the good would have in the absence of a lack of conformity; 2° The significance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the good into conformity if this is impossible or entails disproportionate costs, in particular with regard to 1° and 2°. When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code. Any refusal by the seller to proceed according to the consumer’s choice or to bring the good into conformity must be justified in writing or on a durable medium.”

Article L217-13: “Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee. If the consumer chooses the repair but it is not carried out by the seller, bringing the good into conformity by replacing it starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer.”

Article L217-14: “The consumer has the right to a reduction in the price of the good or to the termination of the contract in the following cases: 1° When the professional refuses any compliance; 2° When compliance occurs after a period of thirty days following the consumer’s request or if it causes him major inconvenience; 3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the related costs; 4° When the non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity. The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L217-15: "In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity."

Article L217-16: “In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods. For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto. The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements.

Article L217-17: “Reimbursement to the consumer of the sums owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within fourteen days thereafter. The seller shall reimburse these sums using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed otherwise by the latter and in any event without additional costs.”

13.3 Warranty against hidden defects

The French Civil Code provides the following in terms of the guarantee against hidden defects:

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, 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 having the price refunded, or of keeping the item and having part of the price refunded.”

Article 1645 of the Civil Code: “If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.”

Article 1646 of the Civil Code: “If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.”

Article 1648 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity."

13.4 Exclusion of warranties

Products modified, repaired, integrated, or added by the Buyer are excluded from the warranty. The warranty does not apply to visible defects. The warranty does not cover products damaged during transport or due to misuse.

13.5 Terms of implementation of legal guarantees

When acting under the legal guarantee of conformity, the Buyer:

• Benefits from a period of two years from delivery of the goods to act;
• May choose between repair or replacement of the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
• Is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Buyer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning legal guarantees, the Buyer must then contact Customer Service via the "Contact us" section of the Site during the service opening hours indicated in the "Contact us" section of the Site.

These provisions are not exclusive of the right of withdrawal defined in article 6 above.

13.6 Consequences of the implementation of guarantees

As part of the legal guarantee of conformity, CAKES FOR PETS undertakes, at the Buyer's choice:

• Either replace the product with an identical product depending on available stocks,
• Or to reimburse the price of the product if the replacement of a product proves impossible.

Within the framework of the legal guarantee of hidden defects, CAKES FOR PETS, according to the choice of the Buyer, undertakes, after evaluation of the defect:

• Either to reimburse him the full price of the returned product,
• Or to reimburse him part of the price of the product if the Buyer decides to keep the product.

Article 14 – Termination of the contract

In the event of a Party failing to meet its obligations under these General Terms and Conditions, the other Party may terminate the contract automatically, 15 days after sending a formal notice by registered letter with acknowledgement of receipt which has remained without effect pursuant to Article 1225 of the Civil Code requiring that Party to meet its obligation within a reasonable time. The formal notice shall expressly mention the termination clause.

Notwithstanding the foregoing provisions, the Parties have the option of unilaterally terminating the contract in the event of a serious breach by the other Party of one of its obligations pursuant to Article 1226 of the Civil Code.

Article 15 - Mediation Service

For any questions regarding the tracking of an Order, a return, a complaint regarding an Order or any additional information, CAKES FOR PETS can be contacted by email at contact@cakesforpets.fr.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation system. The selected mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, any consumer may file a complaint on the website: https://www.cnpm-mediation-consommation.eu/

or by post by writing to:
CNPM CONSUMER MEDIATION
27, avenue de la Liberation – 42400 SAINT-CHAMOND

Article 16 - Right to object to telephone canvassing (Bloctel)

You can register for free on the BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr) to stop being contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption.

Any consumer can register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php .

Article 17 – Applicable law and jurisdiction

Orders are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. However, the Buyer may benefit from any more protective legal provisions existing in the law of the country where they have their habitual residence.