Scope of application
These General Conditions of Sale ("General Conditions" or "GC") are applicable to all activities provided by the company "Animals Cocoon Sàrl" (hereinafter "Animals Cocoon"), with headquarters in Switzerland. Animals Cocoon operates the internet site www.animals-cocoon.ch (hereinafter the "Site").
The www.animals-cocoon.ch website brings together Customers, hereinafter referred to as "Customers", and service providers, hereinafter referred to as "Service Providers". These two groups form the users (hereinafter "the users") of the website. Animals Cocoon is a platform that brings together customers and service providers specialising in the animal sector, including but not limited to the provision of advice and services and the sale of products in the animal sector.
The purpose of these general terms and conditions of use is to govern the relationship between
:
- Animals Cocoon, which brings together customers and service providers specialising in the pet sector, and :
- The customer, if this Internet user requests a connection or buys a product online on the Site; or
- The service provider, if this last one concluded an agreement with Animals Cocoon in order to propose its services or products on the Site (jointly with Animals Cocoon, the "Parties" and each one a "Party").
Animals Cocoon acts as intermediary between the user and the supplier. Any setting in relation or purchase of product is concluded directly between the supplier and the customer. These General Conditions apply to all the setting in relation and sales of products carried out by Animals Cocoon on behalf of the supplier, that it is through the Internet site of Animals Cocoon, www.animals-cocoon.ch.
By reaching the Internet site of Animals Cocoon and by using it, the users recognize to be bound by the present General Conditions, which they declare to have read and understood.
Animals Cocoon reserves the right, with its whole discretion, to modify these General Conditions constantly. It is the responsibility of users to consult them regularly in order to keep themselves informed of any modifications. The Conditions applicable at the time of conclusion of the contract by the users apply, unless they have expressly accepted other provisions in writing.
General Terms and Conditions
Each service or product proposed on Animals Cocoon is managed by an independent service provider which has its own general conditions of use and sale. These general conditions of the provider are specific to each service or product and must be accepted by the customer before any setting in relation or purchase.
It is the customer's responsibility to read, understand and accept the service provider's general terms and conditions before proceeding with a match or purchase. By requesting to be put in contact with a service provider or by purchasing a product, the customer acknowledges having read and understood the service provider's terms and conditions.
accepted the general terms and conditions of the corresponding service provider.
Animals Cocoon could not be held responsible for any loss or damage resulting from the non-observance by the customer of the general conditions of the supplier. Moreover, any litigation or disagreement resulting from the general conditions of the supplier must be solved directly between the customer and the supplier. Animals Cocoon is not a party to these terms and conditions and has no obligation or liability in respect of them.
Charitable participation
Animals Cocoon is proud to support the animal cause by making a monthly contribution to one or more animal charities. In addition to these donations, it highlights the work of a different charity each month on its blog. The aim of highlighting these charities is to raise awareness of their cause and encourage support and commitment for their work.
Relationship between Animals Cocoon and the customer
Animals Cocoon acts as an intermediary between the service provider and the customer and offers the latter a platform of services and products proposed by different service providers.
Account creation and Customer Features
To be able to request a connection, to buy products and to leave comments on Animals Cocoon, the customers must create an account on the platform. By registering, the customer agrees to provide exact and complete information concerning its identity, its address and other data necessary to the inscription and agrees to update them in the event of change.
Registered customers have access to a personalised section of the platform, which
includes the following features:
- Profile page: Customers can personalise their profile by adding
information about themselves and change their account settings.
- Notifications: Customers will receive notifications of their upgrades and updates.
relationship, comments or other activities on the platform.
- List of their comments: Customers can see all the comments they have left on different services or products.
- Summary of their match requests and purchases: Customers can track the status of their match requests and current purchases, view their past request and purchase history, and manage their future requests and purchases.
Customers are entirely responsible for the security of their account and their password.
password. Animals Cocoon could not be held responsible for any loss or damage.
resulting from the customer's failure to comply with this security clause.
Conclusion of the contract
The conclusion of the contract of setting in relation or purchase intervenes at the time of the acceptance by the customer of the service or the product put forward on the site of Animals Cocoon. The contract is concluded between the service provider who proposes the service or the product and the customer who requests the setting in relation or carries out the purchase. Animals Cocoon plays a role of intermediary and offers a site on which the services and the products of the supplier are presented to the customer.
In all cases, the contract is concluded as soon as the customer accepts the offer proposed by
the service provider, on the Animals Cocoon website and/or when the customer requests a quote.
put in relation or carries out a purchase on the Internet site of Animals Cocoon.
Prices
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). Animals Cocoon reserves the right to indicate the prices in other currencies according to the countries from which the customers come.
All prices quoted include additional amounts for Value Added Tax (VAT), where applicable. The applicable VAT rate depends on the country concerned. In Switzerland the rate is 7.7%. Delivery charges: The prices posted on Animals Cocoon for the products do not include the delivery charges, except if that is expressly indicated in the detail of the product proposed by the supplier. It is thus up to the customer to envisage and cover the costs associated with the delivery.
Prices do not include any additional taxes that may apply.
Animals Cocoon reserves the right to modify at any time the prices indicated on the Internet site.
The prices indicated on the Internet site of Animals Cocoon apply at the time of the order.
conclusion of the contract.
Payment
Animals Cocoon offers to the purchaser the following methods of payment: Stripe and Paypal
For the products and certain services, the selling price will have to be entirely paid by the customer on the site of Animals Cocoon as of the conclusion of the contract. The service or the delivery of the product will be confirmed as soon as the price is paid by the customer.
For certain services, the payment will be made directly between the client and the service provider, following the introduction initiated by Animals Cocoon. In this case, Animals Cocoon does not intervene in the process of payment.
It is not possible for the customer to compensate a possible claim on the amount which it must pay to Animals Cocoon or to the provider.
It should be noted that the method of payment, whether via Animals Cocoon or directly with the service provider, will be clearly indicated on the description of each service or product.
Obligations of Animals Cocoon
Animals Cocoon undertakes to provide the customer with secure, continuous and uninterrupted access to the platform and the associated services, as far as possible and taking into account the technical constraints inherent in the Internet. However, Animals Cocoon could not be held responsible in the event of unavailability of the platform or certain services for technical reasons, maintenance, update, or other reasons.
for any other reason beyond its control.
Animals Cocoon makes every effort to ensure the security of transactions and the confidentiality of the personal data of its users. However, the customer recognises that Animals Cocoon cannot guarantee absolute security and undertakes not to hold Animals Cocoon responsible in the event of a breach of security, unless it is proved that this breach is directly attributable to Animals Cocoon.
Animals Cocoon makes a commitment to make respect the terms of its conditions of use between all its users. In the event of litigation between users, Animals Cocoon can intervene to facilitate the resolution of this one but does not assume the responsibility to solve the conflicts.
Animals Cocoon is not the provider of the services reserved on the platform. Animals Cocoon is satisfied to put in relation the customers and the providers. Thus, Animals Cocoon cannot be held responsible in the event of nonconformity of the reserved services, non-payment by the customer or non-performance by the provider. The responsibility for Animals Cocoon could be committed only in the event of failure with its obligations as a platform of reservation.
All services booked through Animals Cocoon are subject to the individual provider's return, refund and cancellation policies and conditions, and Animals Cocoon accepts no responsibility for these policies or for the conduct of the provider.
Complaints, questions or concerns about a specific service should be addressed directly to the service provider, on the basis of its own general terms and conditions, posted on its profile.
Animals Cocoon also offers a platform for the sale of products. These products are created, stored and dispatched directly by the service providers. Animals Cocoon manages the transaction, receives payment for the items sold and then passes on the cost of the item to the service provider, less a commission for the service provided.
Consequently, Animals Cocoon cannot be held responsible in the event of nonconformity of the bought products, non-payment by the customer, or problems with the delivery. The responsibility for Animals Cocoon could be committed only in the event of failure with its obligations as a platform of sale. The responsibility for Animals Cocoon is limited to its role of intermediary of transaction.
All products purchased through Animals Cocoon are subject to the provider's return, refund and cancellation policies and conditions, and Animals Cocoon assumes no responsibility for these policies or for the conduct of the provider.
Complaints, questions or concerns about a specific product should be addressed directly to the service provider, on the basis of its own general terms and conditions, posted on its profile.
Nevertheless, Animals Cocoon endeavours to collaborate with reliable and reputable service providers, and to take care of the satisfaction of its customers. However, Animals Cocoon cannot control and is not responsible for the actions of these providers.
Auxiliaries
Animals Cocoon expressly reserves the right to engage auxiliaries in order to carry out its contractual obligations.
Customer obligations
The client is obliged to take all necessary measures as soon as possible so that Animals Cocoon can carry out its service of putting in relation. The customer must take all these measures at the place, at the time and according to the manner which were agreed. According to the circumstances, the purchaser will also be held to provide all the information and all the documents necessary to Animals Cocoon.
The client is personally responsible towards Animals Cocoon, the service provider and towards third parties for the correct execution of these duties and fully supports the consequences related to a possible fault.
Animals Cocoon declines any responsibility as regards the services or the products provided by thirds, as far as authorized by the law.
Changes to reservations or orders
For any change to a service booking or product order, the customer must check directly with the service provider whether it accepts such changes.
Animals Cocoon is not responsible for and has no control over the individual modification or cancellation policies of each service provider.
Specific conditions must be discussed and negotiated directly between the customer and the service provider concerned.
Reimbursement
With regard to refund policies, the customer must contact and check with the service provider directly.
Animals Cocoon is not able to guarantee a refunding for any reservation of service or purchase of products.
Reimbursement terms and conditions are the sole responsibility of the service providers.
In the event of refunding on behalf of the supplier for the purchase of a product, the commission paid to Animals Cocoon remains due and is not refundable.
Animals Cocoon does not have any influence nor control on these policies and cannot be held responsible in the event of dispute between the customer and the provider concerning a refund.
Cancellation of a service or product
Animals Cocoon is not responsible for the cancellation of a service by the supplier or the customer, nor of an order by the supplier or the customer.
In this case, it is the responsibility of the service provider to reschedule the service with the customer at a later date or to provide a refund, or for the service provider to provide an alternative product or to provide a refund.
In the event of cancellation of the order of a product by one of the service providers or by the customer, the commission paid to Animals Cocoon remains due and is not refundable.
It should be noted that each service provider has its own cancellation and refund policies. It is therefore important for the customer to understand and accept these conditions before booking a service or ordering a product.
Animals Cocoon has no influence or control over these policies and cannot be held liable for them.
responsible in the event of a dispute between the customer and the service provider concerning a
cancellation or refund.
Guarantee
Animals Cocoon does not offer any guarantee against the possible frauds on behalf of the providers and declines any responsibility in the event of misunderstandings or problems concerning the services or the offered products. The provider is the only one responsible for the quality, the safety and the authenticity of the service or the product which it proposes.
Animals Cocoon is not legally held to check the authenticity or the quality of the services or the products put on line. It is thus the responsibility of the customer to carry out the research and checks necessary to determine the quality and the relevance of the service or the product offered.
The information concerning the services and the products, including the price and the description, can be modified constantly and could not engage the responsibility for Animals Cocoon. This information is based on the declarations of the providers. Consequently, Animals Cocoon declines any responsibility as for the possible errors or omissions in these declarations.
Liability
Any liability for indirect or consequential damage is excluded.
Liability for direct damage is limited to the contractually agreed amount.
This limitation of liability does not apply in the event of intent or gross negligence.
Any liability on the part of auxiliaries is excluded, insofar as this is permitted by law.
the law.
Relationship between Animals Cocoon and the Service Provider
Account creation and Features for Service Providers
To be able to add and submit their services or products on the Animals Cocoon platform, service providers must create an account. This account will be subject to a verification process to avoid fraud.
By registering, the supplier commits himself providing exact and complete information concerning his identity, his address and other data necessary to the inscription. This information will be checked by Animals Cocoon to ensure the authenticity of the accounts and to prevent any fraudulent activity.
Once verification has been successfully completed, providers will be able to claim their profile, modify it and add additional information. They agree to update their information in the event of changes to ensure the accuracy of the data on their profile.
Registered service providers have access to a personalised account that includes the following features:
- Profile page: Providers can personalise their profile by adding information about themselves and their company, and change their account settings.
- Messaging : Providers can communicate with Animals Cocoon or with customers via the integrated messaging system.
- Notifications: Providers will receive notifications about their services, bookings, comments or other activities on the platform.
- Visitor statistics: Service providers will have access to detailed statistics on the number of visitors to their services, where they come from, their behaviour, etc.
- Form for adding services or products: Providers will be able to add new services or products to their portfolio using a dedicated form. These services or products will be submitted to a review by Animals Cocoon before being published on the platform.
- Customer management: A complete customer management solution is available, with an integrated dashboard for complete visibility of all customer activities.
- Online appointment booking: An online booking system is available 24/7, enabling customers to book appointments directly. This system is interconnected with the service provider's calendars, enabling appointments to be validated immediately.
Conclusion of the Contract
A contract of partnership is concluded between Animals Cocoon and the Provider.
The Provider proposes its product or its service to Animals Cocoon so that it ensures the promotion and the sale of it.
The contract is considered concluded as soon as the Service Provider has created his account on the Animals Cocoon platform.
Prices
The Provider sets the selling price of its product or service on its Page on the basis of its own criteria, experience, expertise and current market research.
For the performance of its duties and in respect of :
- Services : Animals Cocoon offers subscriptions to the Service Provider.
The subscription is selected by the Service Provider when the account is created.
Provider on the Animals Cocoon platform or at a later date.
- The products : For the accomplishment of its mission, Animals Cocoon will perceive a variable commission of the selling price net of tax. This commission is specified at the time of the creation of the Service Provider account on the Animals Cocoon platform.
It should be noted that the commission of Animals Cocoon on the product remains due even in the event of modification of the price by the Provider.
The Provider is free to change the price of its product or service at any time, according to its own criteria and market trends. Any price change will be made directly by the Service Provider on its page.
Payment
The Service Provider authorizes Animals Cocoon to collect on its bank account the price of the sale by means of the security system of electronic payment set up on the site or by any other means set up by Animals Cocoon.
Animals Cocoon carries out the payment of the amount of the sale to the Person receiving benefits, under deduction of :
- The variable commission invoiced by Animals Cocoon at the time of each sale, such as specified at the time of the creation of the Provider account.
- VAT, where applicable in accordance with current legislation.
- Transaction fees linked to the payment system.
Animals Cocoon will be able to conclude a subscription service with the service provider instead of the commission. These elements will be regulated by a separate agreement.
The payment to the Provider by Animals Cocoon will be carried out once the purchase was carried out and that the customer proceeded to the payment of the product, within a time which will be communicated to the Provider at the time of the creation of its account.
Obligations of Animals Cocoon
Animals Cocoon ensures to the Person receiving benefits that it will put all works about it to present its profile and its services in an adequate way to the users of the platform. This includes putting online the description of the profile provided by the Service Provider, and possibly photos or other associated media.
Animals Cocoon makes a commitment to provide a secure and reliable platform for the presentation of the profiles and the management of the connections. However, Animals Cocoon does not offer a service of storage of the products or services proposed by the Provider and is thus not responsible for their storage or their safety.
Contract duration
At the time of the creation of its account on the platform Animals Cocoon, the Service Provider accepts that its profile is published for an indeterminate duration. The Service Provider can withdraw his profile from the platform at any time.
If the Provider decides to withdraw its profile, it is of its responsibility to manage all the relations and engagements in progress with the customers. Animals Cocoon does not deal with the possible costs related to the cancellation or the displacement of the appointments or transactions.
The contractual relationship between the Service Provider and Animals Cocoon may be terminated in writing by either party at any time. All obligations relating to transactions confirmed prior to the date of termination remain in force until their complete execution.
Obligations of the Service Provider
The Service Provider guarantees Animals Cocoon and the users that it has the right to propose its services on the Animals Cocoon platform, and that it holds all the permits, licenses and authorizations necessary to do so. It also guarantees that its offers and services are in conformity with all the applicable legal and lawful regulations.
It also guarantees that :
- all the information concerning the services proposed was faithfully communicated to Animals Cocoon,
- the services offered are genuine and not misleading, and
- there is no known information that would make the description of services inaccurate or misleading.
The Service Provider also undertakes to provide its services to the highest possible quality standards and to comply with all applicable health and safety standards.
Changes to the offer
Animals Cocoon reserves the right to demand modifications to the content of profiles at any time and to refuse or delete profiles at any time without giving reasons. Animals Cocoon may refuse to publish or may delete profiles which do not comply with the provisions of these General Conditions, as well as profiles which, at its discretion, are unlawful or violate the rights of third parties.
In addition, the service provider authorises Animals Cocoon to use, to analyse (for marketing purposes or not), to publish, to make available to third parties and to broadcast on any other channel, such as on social networks and mobile portals, all the profile information that it puts online on the platform.
Modification or cancellation of reservations - Offer management
When the customer contacts Animals Cocoon for a request for modification or cancellation of the reservation, Animals Cocoon informs the Provider. However, Animals Cocoon is not responsible for the management of this cancellation or modification.
It is the Provider's responsibility to reschedule the appointment at a later date with the customer, or to reimburse the customer, in accordance with the terms and conditions agreed between them.
Concerning the products, the commission due to Animals Cocoon by the Provider remains due and is not refundable, even in the event of cancellation or modification.
Withdrawal from the Service Provider
The Provider grants Animals Cocoon the right to publish and promote its offer of services on the platform for an indeterminate period.
If the Provider wishes to withdraw its offer of services before it is reserved by a customer, it must inform Animals Cocoon in writing.
Disputes relating to the booking of a service or the purchase of a product
In the event of litigation following the reservation of a service or the purchase of a product, only the customer and the Person receiving benefits will be related, with the exclusion of Animals Cocoon.
If the customer wishes to make a complaint following the booking of a service or the purchase of a product, he/she must inform the Service Provider as soon as the fault is discovered.
If Animals Cocoon receives the complaint, it undertakes to provide the customer with the contact details of the Service Provider (surname, first name, postal address and e-mail) for a settlement of the dispute, directly between the customer and the Service Provider.
Any implication of the company Animals Cocoon is excluded in the event of litigation between the Person receiving benefits and the customer, because the contract of reservation of the service or the purchase of the product binds only the customer and the Person receiving benefits.
With regard to the products sold via the platform, Animals Cocoon acts as an intermediary to facilitate the transaction.
Questions relating to product quality, delivery, after-sales service and any other aspect relating to the product are the responsibility of the Service Provider selling the product.
Any dispute relating to these aspects must be settled directly between the customer and the Service Provider.
General provisions
Intellectual property rights
Neither these Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for.
In addition, any re-use, publication or distribution of information, images, texts or any other elements that customers receive in connection with these provisions are excluded, unless they have been expressly authorised by Animals Cocoon.
The Service Providers must ensure that they do not violate any intellectual property rights of third parties when they use content, images, texts or figurative elements, when they use them in relation to Animals Cocoon.
Liability
Animals Cocoon acts like intermediary between the Provider and the customer and could not be held like person in charge for the litigations which could occur in connection with the provision of a service or any other litigation which could occur in connection with the services proposed on its platform. The contract is concluded between the Customer and the Service Provider.
Animals Cocoon only assumes responsibility for direct damage resulting from wilful misconduct or gross negligence on its part.
Animals Cocoon's liability for direct damage due to slight negligence - whatever the legal basis - is explicitly excluded, subject to the mandatory legal provisions on the subject.
Any responsibility of Animals Cocoon for indirect or consecutive damage, whatever the legal reason, is entirely and expressly excluded.
Any dispute which may result from the provision of a service will only be binding on the Customer and the Service Provider to the exclusion of Animals Cocoon.
Liability for use of the website
The access to the platform of Animals Cocoon can be stopped, without notice, nor allowance, without that engaging the responsibility for Animals Cocoon. The access to the platform can be suspended, temporarily or definitively.
Animals Cocoon does not guarantee that the platform will be accessible without interruption.
Animals Cocoon will be able to interrupt the access to the platform for reasons in particular of maintenance and in the event of emergency. Animals Cocoon is held only with an obligation of means concerning the continuity of the access to the platform. Consequently, Animals Cocoon excludes any guarantee, condition or other provisions, and cannot be held responsible for any damage resulting from or related to the use of the platform.
Animals Cocoon could not be held responsible for the fraudulent use by a third and the possible consequences of an involuntary reservation in the name of the user.
In case of force majeure, or in case of breakdown, blocking or difficulty concerning the computer equipment of Animals Cocoon, the computer software used by Animals Cocoon or the Internet network, and in case of suspension of access to the platform, the contractual obligations of Animals Cocoon and the service provider are suspended.
Hypertext links on the platform can return to other sites. Animals Cocoon is not responsible for the contents or the actions of these sites.
Data protection
Animals Cocoon must process and use the data collected at the time of the creation of the service provider account in order to fulfil its contractual obligations. Animals Cocoon takes all the necessary measures in order to ensure the protection of the data in accordance with the legal provisions.
Users accept that their data will be recorded and used in accordance with the contract and are aware that Animals Cocoon may communicate their data or that of third parties in the event of injunctions from a court or an authority.
Unless customers have expressly excluded it, Animals Cocoon is entitled to use their data for marketing purposes. The data necessary for the execution of the service can be transferred to the partners of services mandated by Animals Cocoon as well as to other third parties.
Translation Disclaimer
The Animals Cocoon website features an "automatic translation" option to make its content easier to understand for international users.
However, it is important to note that this translation is not context-sensitive and may not entirely convert the text into the intended meaning.
Animals Cocoon assumes no responsibility for any errors, omissions, ambiguities or inaccuracies in the translations produced by this service. In no event will Animals Cocoon be liable for any damages (including, without limitation, direct, indirect, incidental, consequential, punitive or reputational damages), costs, expenses, lost profits or other losses of any kind arising out of or in connection with the use of the free translation service offered.
Machine translation users acknowledge and accept this clause
Animals Cocoon does not accept any responsibility or liability when they choose to use the automatic translation service offered by Animals Cocoon.
Only the French version of these General Terms and Conditions is legally binding. All other language versions of the General Terms and Conditions are provided for the convenience of users and to facilitate understanding.
In the event of any discrepancy or conflict between the French version and any other language version, the French version shall prevail and shall be the reference version for resolving any ambiguity or difference of interpretation.
Full
These General Terms and Conditions replace all previous agreements or provisions.
Only the provisions of individual contracts that specify these General Terms and Conditions take precedence over them.
Salvation clause
The validity of these General Terms and Conditions will not be affected if one of its provisions or one of its appendices is or should be declared invalid. In this case, the void or invalid provision will be replaced by a valid provision that comes close to the purpose of the void or invalid provision. The same applies in the event of a contractual loophole.
Agents and distributors
The users accept that possible distributors or agents are likely to work independently from Animals Cocoon and that potential claims must thus be directed directly against them. Animals Cocoon declines any responsibility in the event of contractual violations committed by possible agents or distributors.
Applicable law / Place of jurisdiction
These Terms and Conditions are governed by Swiss law.
The courts located at the registered office of Animals Cocoon Sàrl are competent to settle any dispute between the parties, except in the case of mandatory legal provisions to the contrary.
Animals Cocoon is free to introduce a legal action at the seat/domicile of the defendant.
