These General Conditions of Use (hereinafter the “CGU” or “General Conditions of Use”) apply to the services offered on the Site.The services offered on the site http://www.petalertfrance.com/ are published by the company Happytails SLU, a company registered in the Trade and Companies Register under number 9980892 and having its registered office at Carretera General 2, costa de Ransol, El Tarter, número 45, Andorra. (hereinafter “Pet Alert”) .The site is hosted by Amazon Web Services, Inc., a company incorporated under American law with its head office at PO BOX 84023, Seattle, WA 98124-8423, USA.
These General Conditions of Use (hereinafter the “CGU” or “General Conditions of Use”) apply to the services offered on the Site.The services offered on the site http://www.petalertfrance.com/ are published by the company Happytails SLU, a company registered in the Trade and Companies Register under number 9980892 and having its registered office at Carretera General 2, costa de Ransol, El Tarter, número 45, Andorra. (hereinafter “Pet Alert”) .The site is hosted by Amazon Web Services, Inc., a company incorporated under American law with its head office at PO BOX 84023, Seattle, WA 98124-8423, USA.
Herein: “Animals”: refers to dogs, cats, ferrets, ferrets, rodents, rodents, rabbits, fish, birds, reptiles, horses, and farm animals.
“CGU” or “General Conditions of Use”: refers to these General Conditions of Use.
“User Account”: refers to the User's personal account on the Site.
“Parties”: refers to Pet Alert and Users.
“Service”: refers to any service provided by means of the Site to a User.
“Site”: refers to the site http://www.petalertfrance.com/ and more generally any website or mobile application containing, with the authorization of Pet Alert, the information published on the preceding site and offering similar services.
“User” or “you”: refers to the natural person who has accepted these General Terms of Use and who uses the Site.
The use of the Site and the Service is subject to the acceptance of these Terms of Use, which are systematically accessible on the Site. These CGU determine the rights and obligations of Pet Alert and Users (together the “Parties” or individually a “Party”) to the various contracts offered on the Site. When creating the User Account, Users must click the box “I accept the General Conditions of Use of the site and the service offered”. Only the acceptance of the CGU allows Users to access the services offered by the Site. Acceptance of these CGU is complete and forms an indivisible whole, and Users cannot choose to have only part of the CGU applied or to express reservations. By accepting the CGU, the User accepts in particular article V.3 of the CGU concerning the processing of Users' personal data. In any event, by simply validating their registration, creating a User Account and/or placing an order on the Site, the User declares to have read, understood and accepted without reservations the terms of said registration, creation and/or order, as well as the entirety of these General Conditions of Use. In the event of a breach of one of the obligations provided for herein, Pet Alert reserves the right to delete the User Account concerned.
Pet Alert reserves the right to modify the CGU, the functionalities offered on the Site or the rules of operation of the Service.The modification will take effect immediately as soon as the CGU is posted online, which any user acknowledges having previously consulted. Pet Alert reserves the right in particular to offer new services, free or paid for, on the Site.The refusal of the new General Conditions of Use must imperatively be explicit; without explicit expression of will before entering Vigor of the news provisions, the User will be deemed to have accepted the changes.
To register and benefit from the Service offered by Pet Alert, each User must first create a User Account, by providing personal data concerning him, which is essential for the proper functioning of the Service (in particular name, first name, age, title, title, title, title, civil status, telephone number and valid email address, telephone number and email address, characteristics of the Animal, etc.). Users certify that they are over 18 years old at the time of registration and that they are fully capable of contracting. The user is responsible for the information provided to Pet Alert in his User Account and undertakes to verify that this information is accurate at all times. In the event of an error, the User undertakes to immediately rectify this information or to inform an operator. Pet Alert cannot under any circumstances be held responsible for information that may be erroneous or fraudulent provided by Users.
Pet Alert provides a service to help find lost animals by posting an announcement on the Site and on its social networks.
The Help Service in the search for lost animals takes place as follows: The User fills out a form and declares all the characteristics relating to his Animal, the circumstances and the geographical area of his loss, in order to maximize his chances of finding it,
Pet Alert prepares an announcement containing these characteristics and publishes it on the Site and on the facebook page of the department concerned,
“Paid” ads are broadcast primarily within an average of two (2) hours on the Facebook page of the department concerned as well as on the Pet Alert France website. The validation team is active every day from 8 am to 10 pm. During the night, the ads are not shown because there are very few people on Facebook and each ad on Pet Alert is checked before publication to ensure its authenticity. As soon as an update is available, Pet Alert publishes the announcement on its Website as well as on the facebook page of the declared department and alerts the User.
The user understands and accepts that in some very rare cases, this period may be slightly extended due to events outside our responsibility (Facebook service outage, period of very high activity, force majeure...).
Help service in the search for lost animals: The help service in the search for lost animals offered by Pet Alert France is free for individuals. However, free admission is limited to the publication of 3 ads per month for each individual. Any individual publishing more than 3 ads per month could see sanctions applied to their account.Professional Use: Professionals wishing to use our network to publish ads cannot benefit from the free offer intended for individuals. They must contact our support in order to establish professional access. Specific conditions and possibly fees may apply to such access. Any professional using the free service without having established professional access will have measures taken against their account.Paid options: Some options are chargeable if the User wishes to benefit from them. The prices for these options are clearly indicated on the Site. By subscribing to one of these options, the User accepts these General Conditions of Use, thus confirming that they have read these conditions, understood them and accepted them without reservation and with full knowledge of the facts.Modification of Rates: Rates may be modified at our discretion. If applicable, any price changes will only affect future orders. Orders that have already been paid for will not be subject to any price changes.Payment Confirmation : When the User makes a payment for a paid option, he will receive an email confirming the payment after the validation of the order.
When registering on the Site, the User undertakes to declare to Pet Alert all the characteristics of his animal to maximize the chances of finding him (physical characteristics, wearing a collar, the fact that the animal is chipped and/or tattooed, etc.) .Moreover, the User undertakes to declare to Pet Alert, as soon as possible, to Pet Alert, if he finds his animal.Pet Alert does not guarantee that the information presented on the Site is free of any inaccuracy. In this respect, it is up to the User, using the tools made available to him, to ensure the accuracy of the information transmitted.
The activity of Pet Alert is limited to helping find lost animals by publishing an announcement on the Site and on Pet Alert social networks.
In accordance with the applicable texts in force of the Consumer Code and in particular the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal is excluded in the event of the provision of a service whose execution has begun, with the agreement of the consumer, before the end of the withdrawal period of fourteen (14) clear days. AS SUCH, THE USER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT IF PET ALERT BEGINS THE EXECUTION OF THE SEARCH SERVICE AS SOON AS THE USER ACCEPTS THE OFFER, MATERIALIZED BY THE PAYMENT OF THE OFFER TO PET ALERT, HE EXPRESSLY RENOUNCES HIS RIGHT OF WITHDRAWAL.
Boosts are paid features offered by Pet Alert that offer users the opportunity to benefit from an accelerated and localized distribution of their ads concerning lost animals. These Boosts allow greater visibility through the use of advertising on Facebook (FB Ads). Pet Alert offers three types of Boosts with specific sharing guarantees:Eco Plan (Cost: 30€) - This Boost generally guarantees that you get at least 50 shares within 48 hours after it is put online.Optimal offer (Cost: 50€) - This Boost generally guarantees that you get at least 150 shares within 72 hours.Maximum Offer (Cost: €100) - This Boost generally guarantees that you get at least 400 shares within 5 days.
In the event that, at the end of the period indicated for each type of Boost, the guaranteed number of shares is not reached, the user has the right to request a reboost for free. This request must be made by sending an email to the Pet Alert Contact address. However, this possibility of rebooting for free is subject to certain conditions:The free reboost is applicable only if the animal concerned has not yet been declared as “found” in the Pet Alert database.The user must request a free reboost within 24 hours after the expiration of the initial Boost guarantee period.The request for a free reboost can only be made once for each lost animal announcement.It is important to note that payments made for Boosts are not refundable, even in the event that the animal is found quickly after the ad is posted online. Pet Alert cannot guarantee the exact length of time a Boosted ad will remain active and visible, as this also depends on Facebook's delivery mechanisms.
By using Pet Alert Boosts, the user acknowledges having read, understood and accepted the terms and conditions of this clause of use.
Pet Alert strives to ensure the availability of the Site and the Service 24 hours a day, 7 days a week. However, access to the Site or the Service may be interrupted as part of maintenance operations, hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond the control of Pet Alert (such as, for example, failure of telecommunications links and equipment). Pet Alert undertakes to take all reasonable measures to limit these disturbances, insofar as they are attributable to it.Users acknowledge and accept that Pet Alert assumes no responsibility towards them for any unavailability, suspension or interruption of the Site or the Service and cannot be held responsible for direct and indirect damages of any kind resulting from this fact.In any case, and without prejudice to what has just been set out above and in the other clauses concerning the absence Pet's responsibility Alert, any cause of liability that may be held against Pet Alert will only result in the payment of damages, the amount of which will be limited to the amounts collected as Service fees.
In the event of non-compliance with all or part of the obligations arising from these T&Cs, a payment incident, the delivery of erroneous information when creating the User Account or acts likely to harm the interests of Pet Alert or for any other objective reason, Users acknowledge and accept that Pet Alert reserves the right to suspend, at any time and without prior notification, access to the Services offered on the Site or, depending on the severity of the acts, to terminate the User's subscription and User Account without any claim for damages. Pet Alert also reserves the right to refuse to contract with a User who has been excluded or sanctioned for such actions.
Boosts are paid features offered by Pet Alert that offer users the opportunity to benefit from an accelerated and localized distribution of their ads concerning lost animals. These Boosts allow greater visibility through the use of advertising on Facebook (FB Ads). Pet Alert offers three types of Boosts with specific sharing guarantees:Eco Plan (Cost: 30€) - This Boost generally guarantees that you get at least 50 shares within 48 hours after it is put online.Optimal offer (Cost: 50€) - This Boost generally guarantees that you get at least 150 shares within 72 hours.Maximum Offer (Cost: €100) - This Boost generally guarantees that you get at least 400 shares within 5 days.
In the event that, at the end of the period indicated for each type of Boost, the guaranteed number of shares is not reached, the user has the right to request a reboost for free. This request must be made by sending an email to the Pet Alert Contact address. However, this possibility of rebooting for free is subject to certain conditions:The free reboost is applicable only if the animal concerned has not yet been declared as “found” in the Pet Alert database.The user must request a free reboost within 24 hours after the expiration of the initial Boost guarantee period.The request for a free reboost can only be made once for each lost animal announcement.It is important to note that payments made for Boosts are not refundable, even in the event that the animal is found quickly after the ad is posted online. Pet Alert cannot guarantee the exact length of time a Boosted ad will remain active and visible, as this also depends on Facebook's delivery mechanisms.
By using Pet Alert Boosts, the user acknowledges having read, understood and accepted the terms and conditions of this clause of use.
In accordance with the provisions of the amended law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, known as the “Informatique et Libertés” law, Pet Alert has previously declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) the prior declaration of the processing it operates on personal data concerning you, in accordance with simplified standard No. 48 (CNIL deliberation No. 2005-112 of June 7, 2005) creating a simplified standard concerning automated processing of personal data relating to the management of customer and prospect files — OJ no. 149 of 28 June 2005) .The person responsible for processing data concerning you is Pet Alert. In accordance with the provisions of simplified standard No. 48, only employees and service providers of Pet Alert have access to your personal data, whose task is to operate the Site or to provide the Service. The data indicated as mandatory in the form to become a user of the Site and the Service require an exact response from you. Any lack of response or any response deemed abnormal by Pet Alert is likely to result in Pet Alert's refusal to take into account your request to register for the service. The data collected by Pet Alert as part of the services provided on the Site are processed in accordance with the provisions of simplified standard No. 48 and the “Informatique et Libertés” law.
In accordance with the provisions of simplified standard No. 48, Pet Alert reserves the right to transmit all or part of the personal data concerning Users in strict compliance with simplified standard No. 48 and the “Informatique et Libertés” law.Any use of personal data other than that indicated above must be subject to individual, prior and explicit consent from the Users.In accordance with the “Informatique et Libertés” law, Pet Alert will obtain the agreement of Users for any transmission of its data to business partners for direct marketing operations by means of a check box.
In accordance with the “Informatique et Libertés” law, you have the right to access and rectify personal data concerning you, by contacting the webmaster of the Site, except for the personal data that you gave to Pet Alert when you filled out your online membership form and that it is your sole responsibility to modify and update, as stated in article IV.3.d of these CGU.In accordance with the law “. Informatique et Libertés”, you have the right to object, free of charge and free of charge, to the the personal data concerning you are used for prospecting purposes, in particular commercial, by Pet Alert or by its commercial partners. If your right to object is exercised for this reason directly with Pet Alert, the latter undertakes to pass on your opposition to its contractual partners to whom it may have transmitted your personal data. In accordance with the “Informatique et Libertés” law, Pet Alert undertakes to ensure that personal data concerning you, even those transmitted to possible commercial partners, are not transmitted outside the European Union, unless you first obtain your express consent in this Meaning. In accordance with the “Informatique et Libertés” law, Pet Alert reserves the right to transmit personal data concerning you, either to comply with a legal obligation, or in application of a judicial or administrative decision, or of an independent administrative authority (such as for example the CNIL).
You undertake to ensure, as necessary, that the personal data concerning you are updated. You also undertake to ensure that the personal data concerning you is accurate, complete and unequivocal. You can at any time access, using your password and login on the site, to your User Account containing all the personal data that you have provided to Pet Alert.
In accordance with the “Informatique et Libertés” law, Pet Alert undertakes to take every useful precaution, with regard to the nature of the data and the risks presented by the processing, to preserve the security of personal data concerning you and, in particular, to prevent your personal data from being distorted, damaged, or from unauthorized third parties having access to it. Information allowing the User to identify himself, such as the username and password, is personal and confidential. This information may only be modified at the initiative of the User or Pet Alert, in particular in the event that the password is forgotten. The User is solely responsible for the use of his identification elements; he is required to keep them secret. Any disclosure on his part can in no way be blamed on Pet Alert. Any order made using the User's username and password is deemed to have been placed by the User. Under no circumstances can Pet Alert be held responsible for damage caused by the disclosure of this personal and confidential data by the User and therefore for the use of this data by a third party. In any event, Pet Alert cannot be held responsible for any damage of any nature whatsoever, in particular as a result of the use of the subscribed services, damage to reputation, image, or loss of data that may occur as a result of the use of the services offered by Pet Alert.
The host of the site mentioned in article I.1 of these T&Cs acts as a subcontractor of Pet Alert, within the meaning of the “Informatique et Libertés” law, only on written instructions from Pet Alert, and does not have the right to use the personal data of users to which he is likely to have access, except for the purposes of performing technical services for hosting and managing databases and only under the contractual conditions signed between the host and Pet Alert who cannot derogate from this article.
The site https://www.petalertfrance.com/ is the property of Pet Alert. All elements of the Site, whether visual or audio, texts, layouts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademark and patent rights. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited. The visitor to the Site undertakes not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements would constitute an infringement likely to lead to civil and/or criminal proceedings and to expose the offending visitor to the penalties mentioned.
Pet Alert is not responsible for the content entered on the Site by Users. It is up to Internet users to notify Pet Alert in the event of illegal content appearing on the Site so that it can be removed. As soon as it has been brought to the attention of Pet Alert that content infringes the rights of third parties, Pet Alert will make every effort to remove the disputed content from the Site without delay. No user of the Site may publish information that is defamatory, abusive, illegal or harmful to third parties. As soon as it becomes aware of it, Pet Alert will delete any information that is contrary to its ethics.
By accepting these T&Cs, you agree that the information provided at the time of registration will be published on the Pet Alert site. Pet Alert reserves the right to reproduce any information appearing on the Site or on partner sites. In particular, ads published on one of the sites published or co-edited by Pet Alert may be reproduced on other sites published or co-published by Pet Alert or third parties.
Pet Alert prices are in euros and include all taxes included.Payment for the Services will be made by bank card (Blue, Visa, Mastercard). Payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party. Payments made by the User are considered final after effective collection of the amounts.PET Alert cannot be held responsible in the event of fraudulent use of the means of payment used on the Site or in the event of an error due to the payment system.
By accepting these Terms of Use, the User authorizes Pet Alert to send him emails to the address he provided when registering, subscribing or ordering. Unsubscribing to the newsletter is possible at any time via the “My Account” area.
If one or more stipulations of these T&Cs were declared invalid pursuant to a law or regulation or a final court decision, the other stipulations would remain in force and effect.
In the event of total or partial transfer of the activity of Pet Alert, the contracts between the User and Pet Alert and/or successors and assigns remain binding between the Parties. Contracts entered into by Pet Alert cannot be transferred by the User without the prior written consent of Pet Alert. The contracts, rights and obligations of Pet Alert may in any event be assigned or transferred without the prior consent of the User.
Pet Alert cannot be considered as engaging its responsibility for total or partial contractual non-performance due to a force majeure event, independent of its will.
The User acknowledges the validity and probative value of electronic exchanges and records kept by Pet Alert and acknowledges that these elements receive the same evidentiary force as a handwritten document under Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technology and relating to electronic signatures.Users acknowledge that the communications and computerized records of the Site will be considered by the Parties as proof of exchanges, orders, payments and transactions between the Parties unless proven otherwise. In the event that Pet Alert has to communicate them, they will be considered admissible, valid and enforceable between the Parties, in the same manner, under the same conditions and with the same probative force as any document that is drawn up, received or kept in writing, unless there is a manifest error by Pet Alert.
Any claim against Pet Alert in connection with these T&Cs is time-barred within one year. It is irrefutably presumed that the User renounces a payment that has not been requested within one year. Unclaimed amounts are acquired by Pet Alert.
These CGU are subject to French law applicable regardless of the User's country of residence and the place where the contract is concluded. The application of the Vienna Convention on the international sale of goods is expressly ruled out. In the event of a dispute, Pet Alert will actively seek an amicable solution to their dispute with the User and only if the amicable solution does not succeed after fifteen days of effort, the most diligent of the Parties would then be free to take legal action. As necessary, the competent jurisdiction in the event of a dispute will be considered to be the competent courts within the jurisdiction of the Paris Court of Appeal.