GENERAL CONDITIONS Ceva Animal Health 2022

GENERAL CONDITIONS CEVA ANIMAL HEALTH 2023

 

1. APPLICATION OF THE GENERAL CONDITIONS

1.1. Scope of application: These general terms and conditions of sale (hereinafter the "GTC") govern, without restriction or reservation, all online sales of products (hereinafter the "Products") concluded on the merchant website available at the following URL address: www.Feliway.co.uk (hereinafter the "Site"), between the company Ceva Animal Health Ltd, Explorer House, Mercury Park, Wycombe Lane, Wooburn Green, Bucks, HP10 0HH; Tel: 01628 334 056, Company number 3085474, (hereinafter "Ceva") and any consumer as defined by the Consumer Rights Act 2015 (hereinafter the "Customer"). The Site is exclusively intended for consumers for their strictly private use.

Ceva reserves the right to unilaterally adapt or modify these GTC at any time and without notice. The version of the GTC applicable to the sale of Products is the one appearing on the Site on the date the Customer places the order for Products. The present GTC are written in English.

1.2. Acceptance of the GTC: The present GTC are accessible to the Customers and more generally to any user of the Site directly by clicking on the link "Terms of Sale" of the page of sale of the Product on the Site. Any order placed on the Site is conditional upon the Customer's prior and unreserved consultation and acceptance of the GTC by checking the box "By checking this box, I accept the general terms and conditions of sale". The order of Products by the Customer thus implies the full and unreserved acceptance of the GTC. Subject to applicable law, no condition can prevail over the present GTC.

 

2. DESCRIPTION AND AVAILABILITY OF PRODUCTS

2.1. Description of the Products: Ceva allows the Customer to order and purchase its range of FELIWAY brand veterinary products, excluding veterinary drugs and foodstuffs through the Site. The Products available for sale are those listed on the Site on the day of the order. Information on the essential characteristics of each Product is available on the Site (photographs, specifications, description of the Products etc.). The characteristics and visuals are for illustrative purposes only and are not intended to be contractual in nature. Although every effort is made to be as accurate as possible, our Products may vary slightly from those indicated on the Site.

2.2. Product availability: All Products shown on the Site are subject to availability and Ceva reserves the right to withdraw at any time one or more Products presented for sale on the Site and to replace or modify any information relating to the Products. Orders will be honored within the limits of available stocks. In the event of unavailability of Products, Ceva undertakes to inform the Customer as soon as possible by e-mail to the e-mail address indicated by the Customer when placing the order on the Site. The Customer may choose another Product or cancel the order and be reimbursed as soon as possible by Ceva, and in any event within fourteen (14) days of the Customer cancelling the order.

 

3. PRODUCT PRICE

The prices of the Products invoiced are those appearing on the Site at the time of the Customer placing a valid order. The prices are indicated in pounds sterling and all taxes (including VAT) are included. The prices are indicated excluding shipping costs. Any shipping costs, depending on the amount of the Customer's order, are shown on the order summary, before the order is confirmed and the Customer pays.

The prices of the Products do not constitute offers that can bind Ceva beyond the date on which the order was placed. Ceva reserves the right to modify its prices on the Site at any time and without notice.

In the event that the Customer opts for a subscription, the Recurrent Order, as defined in Article 5 of these GTC, shall be Delivered at the price in effect on the date the order is reiterated. Customer shall have the option to cancel its subscription and Recurrent Order at any time in accordance with Article 5 of these GTC. In the absence of a cancellation by the Customer, the new price will be deemed accepted by the Customer and will apply to Recurrent Orders within the framework of the subscription.

 

4. ORDERS

4.1. Creating an account to place an order: To place an order, the Customer can create an account through the "My Account" section or use the Site as a guest, without opening an account. If the Customer wishes to create an account, this registration is carried out by filling in the online form which requires the following Customer identification data: first name, last name, e-mail address, password, as well as the following identification data of the Customer's animal: name, breed, age. The password for the Customer's account must meet the criteria described on the registration screen.

The password for the Customer's account should be kept strictly private and confidential. Ceva recommends that the Customer change his/her password regularly. The Customer shall not share his/her password with any other person, and shall be fully responsible for all actions taken under his/her account. The Customer is responsible for the loss or theft of his/her password. In this case, the Customer must inform Ceva without delay.

After the creation of the account, the Customer will receive an email from Ceva to activate his/her account and registration.

If the Customer already has an account, he/she will only have to identify himself/herself with his/her email address and password.

4.2. Selection of Products: Placing an order on the Site is reserved for Customers residing in the United Kingdom. Placing an order on the Site is subject to compliance with the procedure set up by Ceva, which includes successive steps leading to the validation of the order. The Customer selects the Product(s), the quantity of Products he/she wishes to purchase, and, if applicable, the recurrence of his/her order in the context of the subscription, and adds them to the electronic basket (hereinafter, the "Basket") by clicking on the "Add to Basket" button.

- The contents of the Basket are displayed and the Customer can either click on the "continue shopping" button or click on the "place my order" button to access the delivery stage:

- when the Customer has an account, he/she can connect to his/her account via the "open a session" button and enter his/her delivery data: first name, last name, delivery address, telephone number if these are different from the data recorded during registration. If that data is the same as provided during registration, the Customer will simply confirm the information provided;

- when the Customer does not have an account: he/she must enter his/her e-mail address and delivery information: e-mail address, first name, last name, delivery address, telephone number.

After having filled in the required information, as well as, if the Customer wishes, the information relating to his/her animal, the Customer can click on the button "continue to shipping" to choose his/her mode of delivery then on the button "continue to payment" to reach the summary of the order.

A summary of the order is displayed, summarizing all the information of the order relating to the quantities of selected Products, the price of the Products, any possible discounts, and the possible related shipping costs.

The Customer can insert a discount code on this screen and then click on the "Apply" button to see the discounted prices.

At any time, the Customer may (i) consult the summary of the selected Product(s) in his or her shopping cart by clicking on the "my cart" tab, (ii) continue the selection by continuing his or her purchases from the Site or (iii) complete the order.

4.3. Payment to complete the order: To definitively validate the order and proceed to the payment of the Product Price, the Customer must click on the box "By checking this box, I accept the general sales conditions" and if applicable, on the box "I confirm that I wish to subscribe to this Product. My order for this Product will be renewed at the price indicated, for the quantities, and at the frequency I have chosen. I may cancel my subscription at any time."

The Customer is then invited to choose his/her method of payment. The payment of the order can be made by debit or credit card or, for Customers using the Safari browser, through Apple Pay:

- when the Customer chooses to pay by debit or credit card: he/she will enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram. The payment by card is secured, where possible, via the 3D Secure payment interface, in order to protect all the data related to the means of payment as effectively as possible;

- when the Customer chooses to pay by Apple Pay: he clicks on the "Apple Pay" button. The Customer will then be returned to the Apple Pay page to proceed with the payment.

Payment is made via the secure Stripe payment interface. The Customer can access the general terms and conditions of use of this interface by clicking on the following hyperlink: stripe.com/en/privacy. Any guarantee as to the security of this system is entirely the responsibility of Stripe and Ceva accepts no liability in relation to this interface.

At no time will the Customer's bank details be transmitted to a third party. The Customer expressly acknowledges

that the communication of his/her bank card number on the secure payment interface is equivalent to an authorization to debit his bank account for the amount of the invoiced price.

Orders will only be processed by Ceva and Delivered to the Customer once full payment has been received for Products and an email has been sent by Ceva to the Customer confirming his/her order.

4.4. Recurrent Order

When selecting the Products eligible for subscription and their quantity, the Customer can choose to make his/her order recurrent (hereinafter the "Recurrent Order"). The Customer will then receive, for an indefinite period of time, the same type and quantity of Products as the one appearing on his reference order according to an interval that he chooses, between one (1) and six (6) months. The Customer will have the right to cancel the subscription at any time.

Where the Customer makes a Recurrent Order, the Customer will benefit from a discount on the amount of the Products that are the subject of the Recurrent Order (hereinafter the "Recurring Product(s)"), the amount of which is indicated on the Product page. The net discounted price of the Recurring Product is displayed in the shopping cart.

 

5. ORDER CONFIRMATION AND CANCELLATION

5.1. Order Confirmation: Once the payment has been made by the Customer and validated by Stripe, Ceva will send the Customer an order confirmation e-mail summarizing the Products ordered, the price of the Products, any shipping costs for the Products, Ceva's contact information, a link to the general terms and conditions of sale applicable at the time of the sale, which contain a withdrawal form. The order confirmation summarizes the purpose and terms of the sale. It is proof of the completeness of the order and of the payment of the sums due in execution of the order and forms the agreement of sale concluded between the parties. The order confirmation also contains a link to the invoice corresponding to the Customer's order, which the Customer can download. The invoice is also available in the "My Account" section of the Site.

5.2. Subscription confirmation: If applicable, the Customer will also receive an e-mail confirming the Recurrent Order, summarizing the Recurring Products, the current price of the Recurring Products (without prejudice to the price adjustment mechanism provided for in Article 3 above), the recurrence frequency, the possible shipping costs of the Products, the date of the next payment, the delivery address and the means of payment, a link to the subscription management page as well as Ceva's contact details, and a link to the general terms and conditions of sale applicable at the time of the sale, which contain a withdrawal form.

5.3. Recurrence Alert: If applicable, the Customer will also receive an e-mail at an interval depending on the Recurrent Order frequency chosen by the Customer, forty eight (48) hours before the Recurrent Order is to be placed, informing him/her that the Recurrent Order will be placed the following day. At each Recurrent Order due date as set by the Customer, the quantities of Products set by the Customer will be sent to the Customer and payment will be taken automatically but according to the terms chosen when the Recurrent Order was placed, on the payment method chosen by the Customer.

5.4. Recurring Order Confirmation: Unless the Customer cancels beforehand, the Recurrent Order will be placed and the payment will be taken, automatically, on the due date. The Customer will then receive a Recurrent Order confirmation e-mail summarizing the Products sent, the price of the Products, any shipping costs, Ceva's contact information, a link to the general terms and conditions of sale applicable at the time of the sale, which contain a withdrawal form. The Recurrent Order confirmation summarizes the purpose and terms of the sale. It is proof of the completeness of the order and of the due date of the sums due in execution of the Recurrent Order and forms the sales agreement between the parties. The order confirmation also contains a link to the invoice corresponding to the Customer's order, which the Customer may download, the invoice is also available in the "My Account" section of the Site.

The Recurring Order Confirmation also contains a reminder of the recurrence frequency, the Products, the price of the Products, the possible shipping costs of the Products, the delivery address and the payment method, and a link to the subscription management page.

5.5. Cancellation of the order by Ceva: In case of refusal of payment authorization by the Customer's bank, the order for Products will be cancelled by Ceva.

Ceva reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of the raw materials making up the Products, a problem with the order received or with the information provided by the Customer enabling delivery to be made (e.g. lack of a delivery address). In the event that a Product is out of stock, Ceva will inform the Customer as soon as possible by e-mail. In case of cancellation of an order by Ceva, the Customer will be reimbursed for any costs already paid within fourteen (14) days of notification by Ceva.

5.6. Cancellation of the order by the Customer : The Customer may cancel his/her order at any time, except once the order has been shipped, without prejudice to the Customer's right to exercise his right of withdrawal under the conditions defined herein.

5.7. Cancellation of Recurrent Order by the Customer : The Customer may cancel his/her Recurrent Order, at any time, by clicking on the "manage my subscription" link contained in the Recurrent Order confirmation e-mail or in the e-mail alerting the Customer before he/she repeats the Recurrent Order, or on the Site, on the "My Account" page, this link being accessible before logging into the "My Account" section.

 

6. PRODUCT DELIVERY

6.1. Notion of delivery: The delivery means the transfer to the Customer of the physical possession of the Products (hereafter the "Delivery" and "Delivered" shall be construed accordingly).

6.2. Delivery Times: The Product order will be processed and dispatched within four (4) business days following the receipt of the order by Ceva. In order for Ceva to meet these deadlines, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address. Ceva shall not be liable for any delay in the Delivery of the Products due to events beyond Ceva's reasonable control which shall include (without limitation): strikes, riots, acts of God, war (whether declared or not) or threat or preparation for war or epidemics (a "Force Majeure Event"). Ceva will notify the Customer as soon as reasonably possible if Delivery will be impacted by Force Majeure Event.

The Customer will receive an order tracking link as well as an SMS twenty-four (24) hours before the order is Delivered.

If the Delivery of the Products occurs more than thirty (30) clear days after the order confirmation, the Customer will be free to cancel the order and request a refund of the price of the Products and the related costs directly on the Site or by registered letter to the address indicated in Article 1.1 of these GTC, . The order shall be considered cancelled as of the receipt by Ceva of the Customer's notice of cancellation, unless the Delivery has taken place in the meantime or the delay is due to Force Majeure Event.

6.3. Place of delivery of the Products and transfer of risk: The Products will be Delivered to the delivery address indicated by the Customer when placing the order. The Products are transported at Ceva's risk until Delivery. From the time of Delivery, the risk of loss or damage is borne by the Customer.

 

7. WITHDRAWAL PERIOD

The Customer has a right to withdraw from the contract by returning his/her order, without having to give reasons or pay any penalties, provided the Customer informs Ceva within fourteen (14) calendar days from the Delivery of the Product. The Customer shall inform Ceva of the exercise of his/her right of withdraw from the contract within the above mentioned period by sending a request or the withdrawal form reproduced below to Ceva's customer service department at the following address https://feliway.co.uk/pages/contact-us.

The Customer will then receive by email a prepaid shipping label for the return of the Product. The Product must be returned in good condition and in its original packaging with the original invoice at the latest within fourteen (14) days following the communication to Ceva of the Customer's decision to withdraw from the contract. If Ceva finds that the Product returned by the Customer has been damaged as a result of handling other than that necessary to establish the nature and characteristics of the Product, Ceva reserves the right to refuse to refund the Product.

If the refund is accepted, Ceva undertakes to refund the Customer the full price of the Product and any delivery fees (unless the Customer has chosen express delivery in which case the Customer shall be refunded the cost of standard delivery) within fourteen(14) days of receiving the Products back. Refunds for orders paid by debit or credit card will be made via the debit or credit card used for payment via the Stripe interface or via Apple Pay, at no cost to the Customer.

The exercise of the right to withdraw from a contract by a Customer who has subscribed to a Recurrent Order

shall constitute the cancellation of the Customer's Recurrent Order and Recurring Product(s).

 

8. “SATISFIED OR REFUNDED COMMERCIAL GUARANTEE:

Without prejudice to the Customer's right to withdraw from a contract within fourteen (14) days provided for by law and mentioned in Article 7 above, Ceva grants the Customer a "Satisfied or refunded" commercial guarantee for a period of thirty (30) working days from the date of Delivery to the Customer of the Products purchased via the Site.

In order to benefit from this guarantee, the Customer shall address a claim to Ceva's customer service department, indicating the reason for the refund request, by filling out the online form at the following address: https://feliway.co.uk/pages/contact-us , which will require the Customer to explain the reasons for requesting a refund.

If the complaint is admissible under the conditions of this article, the Customer will receive a prepaid shipping label via email for the return of the Product. Ceva undertakes to reimburse the Customer up to the invoiced price within approximately eight (8) days from the date of receipt of the returned Product.

The implementation of the "Satisfied or refunded" commercial guarantee by a Customer who has subscribed to a Recurrent Order is equivalent to the cancellation of his/her subscription and of this Recurrent Order and Recurring Product(s).

Independently of this commercial warranty, Ceva remains bound by the legal warranty of conformity and the warranty relating to defects of the Product sold under the Consumer Rights Act 2015, Consumer Protection Act 1987 and other applicable law.

 

9. LEGAL GUARANTEE AND CONFORMITY OF THE PRODUCTS

9.1. Legal warranty of conformity: Ceva undertakes to Deliver a Product that conforms to the Customer's order,

that is fit for the purpose, has the characteristics set out in the corresponding Product description on the Site and is of satisfactory quality. Ceva shall be liable for defects in conformity existing at the time of Delivery of the Product.

In the event that the Customer finds that the Product does not conform to the requirements referred to in 9.1 above, the Customer must notify Ceva of a complaint directly via the Site or by registered letter to the address indicated in Article 1.1 of these GTC, within six (6) years from the date of Delivery. The Customer shall return the Product to Ceva by contacting the customer service department using the online form at the following address: https://feliway.co.uk/pages/contact-us. Depending on the circumstances, the Customer may be entitled to a replacement, discount or refund from Ceva where the Product is either defective or does not conform with the requirements referred to in 9.1 above. If more than six (6) months have passed since the Products were Delivered to the Customer, the Customer will be required to prove that the defect or non-conformity of the Products existed when the Products were Delivered.

At the end of the six (6) year period following Delivery, the Customer's action resulting from the lack of conformity shall be barred.

 

10. LIMITATION OF LIABILITY

Ceva shall not be liable for any loss, claim or damage whether based in contract, tort, strict liability or otherwise, which arises out of:

- the use or inability to use, the Site or content found on the Site;

- failure of the Customer to use the Products in accordance with their instructions; or

- any results or lack of results following use of the products.

Ceva's Products are supplied for domestic or private use only.The Customer may not use the Product for any commercial or business purpose, and Ceva shall have no liability whatsoever to a Customer for any loss of profit, business interruption, loss of business, or loss of business opportunity.

Nothing in these GTC shall exclude of limit Ceva's liability:

- for death or personal injury caused by Ceva's negligence;

- for fraud or fraudulent misrepresentation;

- under section 2 (3) of the Consumer Protection Act 1987;

- for any breach of the terms implied by section 12, 13, 14 or 15 of the Sale of Goods Act 1979;

- for any matter which may not be lawfully excluded or limited by applicable law.

Subject to the above, Ceva's total liability to the Customer shall not exceed £100.

11. INTELLECTUAL PROPERTY

The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of Ceva. Any reproduction or representation, in whole or in part, of the Site on any medium whatsoever, for any other purpose, and in particular for commercial purposes, is expressly forbidden.

The trademarks, logos, documents, studies, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Products are and remain the exclusive property of Ceva. No transfer of intellectual property rights is made through these GTC.

The Customer acknowledges and accepts in particular that the Products are subject to intellectual property rights and are the exclusive property of Ceva.

The Customer may not mention or use the trademarks, logos, domain names, images, videos, texts, know-how and any other intellectual property rights belonging to Ceva without Ceva's express, written and prior authorization. In this respect, Ceva reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights that it considers to be counterfeit, unfair, constitutive of acts of parasitism or contrary to its image or to rights that it has granted.

 

12. PROTECTION OF PERSONAL DATA

The Customer's personal data is collected and processed by Ceva in accordance with Ceva's privacy policy, which can be accessed via the following link https://www.feliway.co.uk/policies/privacy-policy and upon request to Ceva.

 

13. FINAL STIPULATIONS

13.1. Partial invalidity: If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

13.2. Entirety of the contract : The GTC and the order summary sent to the Customer form one contract and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, the GTC shall prevail.

13.3. Non-waiver: The fact that one of the Parties does not avail itself of one of the provisions of the GTC shall not be considered or interpreted as a waiver of its benefit.

13.4. A person who is not a party to these the contract between the Customer and Ceva shall have no right to enforce any term of these GTC under the Contracts (Rights of Third Parties) Act 1999.

 

14. SETTLEMENT OF DISPUTES AND APPLICABLE LAW

14.1. Complaints: In the event of a dispute relating to the formation, execution, non-execution or breach of sales concluded in application of these GTC, the Parties shall attempt to find an amicable solution. The Customer is invited to contact Ceva's customer service using the online form which can be accessed via the following link: https://feliway.co.uk/pages/contact-us .

14.2. Applicable law and jurisdiction: All provisions contained in the GTC, as well as all purchase and sale operations referred to therein, shall be subject to the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction. However, if the Customer is a resident of Northern Ireland he/she may also bring proceedings in Northern Ireland, and if the Customer is a resident of Scotland, he/she may also bring proceedings in Scotland.

 

Last revised on: March 2023