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General conditions of sale (GCS)

SECTION 1 – APPLICATION OF THE GENERAL CONDITIONS OF SALE AND FORMATION OF THE CONTRACT
The General Terms and Conditions concern all commercial relations linked to the online sale of products from the company PONGO hereinafter "PONGO" available on www.pongopetfood.com hereinafter "Site". 
This contract applies between the company PONGO and any user of the Site (hereinafter the “customer(s)”), whether natural or legal persons, professional or non-professional. 
By validating an order, the customer acknowledges having read the general conditions of sale and accepts them, including the terms, conditions and policies mentioned herein and/or accessible by hyperlink. The contract is thus concluded. 
By accepting these T&Cs, the customer represents that he or she has reached or exceeded the age of majority in his or her region, province or state and has given us permission to allow any minor in his or her care to use this site.
We encourage you to read these Terms and Conditions carefully before accessing and using our website. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page from time to time for changes. 
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 2 – PRODUCTS
The Site sells products intended for feeding domestic animals (dogs and cats). These products comply with current French legislation. Returns and exchanges of products online through this Site are strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of the products appearing on the store. The images of the products are not contractually binding.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to add/remove products from our catalog and to discontinue products at any time. 
Any costs associated with accessing this Site, such as payment of Internet service providers, remain the responsibility of the customer. 
SECTION 3 – PRICES
The prices of the products on the Site are expressed in euros, all taxes included and shipping costs included. To know the applicable price, the customer must refer to the price indicated on the Site on the day he places his order. PONGO reserves the right to modify the prices without notice. 
The products remain the property of PONGO until the amount of the products ordered has been collected by PONGO.
SECTION 4 - ORDER
When the customer wishes to purchase a product, he must put it in his basket. When placing the order, a summary of the basket is displayed to the customer in order to be able to check the contents of the basket. It is up to the customer to check the items and their quantities. Validation of the order entails acceptance of these General Terms and Conditions and the various policies present on the Site. The customer will receive a confirmation email with the order number and the summary of the order. The order is validated once the payment has been accepted by the customer's bank. 
PONGO is committed to ensuring the availability of its products. When a product is no longer available, this will be indicated on the product sheet concerned. If a product ordered by a customer is no longer available, in this case our team will send an email to the customer concerned. The latter can choose to be reimbursed, to wait for the product to be available or to obtain an equivalent product. No cancellation compensation will be charged to the company PONGO. 
If the customer receives the wrong product, he must inform our service at the following address: contact@pongopetfood.com within 5 days of receiving the order. We will send the customer a prepaid return label to return the product, which must be in perfect condition and in its original packaging for the refund to be validated. 
If the customer wishes to modify his order, he must notify our team within 60 minutes of receiving the order confirmation email. The address is: contact@pongopetfood.com . PONGO reserves the right to accept the modification of the order for logistical reasons. 
SECTION 5 - ORDER PROCESSING AND DELIVERY
PONGO undertakes to cover the shipping costs in metropolitan France regardless of the amount of the order (excluding express deliveries). However, a contribution to the shipping costs will be requested at the time of payment of the order if it concerns Corsica, the DROM-COM or a destination that is difficult to access. 
PONGO delivers to France, any delivery outside mainland France will incur shipping costs to be borne by the customer. The partner carrier is DPD Predict for standard home delivery and Mondial Relay for delivery to a relay point. For express delivery, the partner is Chronopost, shipping costs will be borne by the customer.
Two delivery methods are possible : 
  • At home: the package is delivered to the postal address provided by the customer at the time of ordering. If the customer is not present at the time of delivery to the address indicated, the carrier may leave a delivery notice. The package will then be dropped off at a relay point near the address provided by the customer. Any package not collected within the time communicated will be returned to the PONGO warehouses and the customer will have to pay the return and shipping costs. 
  • At a relay point: the customer can choose to collect their order from a relay point chosen by the customer.
Order Processing: We process customer orders Monday through Friday (excluding holidays). Orders placed before 1pm will be processed the same day. Orders placed after 1pm will be processed the following day. Orders placed on Friday after 1pm will be processed on Monday.
Shipping confirmation: the day the order is shipped the customer will be notified via email. If the customer does not receive the email it is possible that it is in the junk mail or that the email address provided by the customer is incorrect.
Delivery time:
  • 2 to 5 working days for standard delivery and relay point.
  • 1 business day for express delivery.
We strive to ship orders as quickly as possible, subject to acceptance of payment. However, circumstances beyond our control may impact the indicated delivery time (for example, a problem with the carrier). As a reminder, the announced delivery times are indicative. Failure to comply with these deadlines will not under any circumstances result in compensation of any kind, a refund or cancellation of the order. If the deadlines are changed, the carrier will inform the customer by email as well as the new delivery date. In order to ensure smooth delivery, the customer agrees to provide their contact details without error and to specify information that may facilitate delivery (for example "drop off at the caretaker"). PONGO will not be held responsible and will not make any refunds regarding an inability to deliver due to an incomplete or non-existent address provided by the customer, or if the customer no longer resides there.
When receiving an order, the customer is also responsible for checking the package. To do this, the customer must unpack the product upon receipt to ensure its conformity and identify any damage. If this is the case, the customer must imperatively report it on the delivery slip (for example "pack of adult dog kibble missing or damaged"). No claim will be taken into account if the damage has not been indicated on the delivery slip at the time of receipt of the order. Opened packages are neither returnable nor refundable.
If within 10 days following the order shipping confirmation email, the customer has still not received their package (except in cases of force majeure), they can contact our service: contact@pongopetfood.com . We can then either analyze the order situation or cancel the order and proceed with the refund. Proof of non-receipt of the package will be requested from the customer. An investigation request will follow with the carrier in order to assess the situation with a view to a potential refund.
SECTION 6 - RETURNS AND WITHDRAWALS
From the date of receipt of the products by the customer, the latter has a withdrawal period of 14 working days to return the products to the company PONGO (L221-18 of the Consumer Code). In return, the company undertakes to exchange or refund in the cases provided for in the return policy. Please note that opened products will not be exchanged or refunded. The product must be returned to us in perfect condition, in its original packaging. Promotional items will not be exchanged or refunded.
In order to exercise this right of withdrawal, the customer must:
- Inform us via the following email address: contact@pongopetfood.com so that we can send you the prepaid return label.
- Print the return form and slip it inside the package. The return form is available here .
- Attach the prepaid return label to the package.
Important :
- Regarding refund requests, the cost of returning the product is the sole responsibility of the customer. Unless there is an error on our part.
- Regarding exchanges, the costs of returning the product and reshipping the exchanged products will be the exclusive responsibility of the customer. An exchanged product cannot be refunded. 
Return of products must be made to the following address: 
SAS PONGO 
1375 grave road
06510 Carros
The withdrawal request is confirmed when the customer receives the confirmation email. The refund period is fourteen (14) working days once the product and the elements necessary for the refund have been received. This refund will be made via the same means of payment as that used by the customer at the time of purchase.
Failure to deliver the ordered products does not give rise to a systematic refund. The company PONGO reserves the right to make a decision. In such a case, the customer will have to provide proof of non-delivery. Please note: any errors in the buyer's contact details (telephone number, postal address, email address, first name, last name) resulting in an impossibility of delivery will not give rise to a refund or exchange. 
SECTION 7 - SUBSCRIPTIONS
The customer can decide to make a one-time or repeated purchase through the subscription system. Promotional offers cannot be combined with the subscription. Products purchased via the subscription are not returnable, unless we make an error.
Through the subscription, the customer benefits from a discount on the reference price of the product. This discount is currently 10%. PONGO reserves the right to modify this discount at any time. 
The subscription allows the customer to receive the products he has selected regularly and automatically. To do this, he can select the quantity and frequency of delivery desired. 
When the customer chooses a repeat purchase, he is then invited to subscribe to the subscription and enter the banking information of the card he wishes to use. Only bank cards are accepted when the customer subscribes to the subscription. When subscribing to the subscription, the customer will be invited to pay for the first order. This card will be used for each order planned with the subscription. The banking information is encrypted by Shopify Payment to ensure its security. PONGO has no access to this information. 
In case of problems with the bank card provided (expiration date reached, payment limit reached), the customer will be informed by email in order to resolve the problem. Until the problem is resolved, the order will not be shipped and the subscription will be suspended.
Registration for the subscription program is free, however it involves a minimum commitment of 2 deliveries. Once this commitment has been honored, the subscription can be canceled or suspended at any time by simply sending an email to customer service. Please note that if the customer wants to make a request for cancellation, suspension or modification, they have a minimum of five (5) days' notice before the next order is sent. If a request is made outside of this period, it will not be taken into account. 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes and you will remain liable for all amounts due up to and including the termination date, as a result of which we may deny you access to our Site (or any part thereof).
By subscribing, the customer acknowledges having read and accepted these General Terms and Conditions. The liabilities of the company PONGO including, without limitation, the directors, employees, representatives will be limited to the amount of all payments relating to the subscription program that the customer has actually made during his subscription. This limitation of liability will apply to the fullest extent permitted by law and will remain in force after the cancellation or termination of the subscription.
SECTION 8 - PAYMENTS AND PAYMENT SECURITY
By making a purchase through our website www.pongopetfood.com the customer agrees to pay the amount of the order in full and in cash, in exchange for the products ordered. Any orders not paid in full will not be insured. 
The permitted payment methods are: 
  • Bank card (visa, mastercard, CB): banking information is encrypted. Once the payment is accepted by the bank, the order will be confirmed. The customer will receive a confirmation email. The amount will then be debited and it will correspond exactly to the amount of the order made. In the event that the amounts cannot be debited from the customer's bank account, PONGO will cancel the order immediately and the customer will receive an email. 
  • Apple Pay
  • Shop Pay
Checks are not accepted. 
PONGO reserves the right to check the validity of the payment method used when ordering before shipping the product in question. 
The integrated payment software used is Shopify Payment. 
SECTION 9 - TRANSFER OF OWNERSHIP
PONGO remains the exclusive owner of the products until the full price of the products ordered by the customer has been collected. 
SECTION 10 - DATA PROTECTION
Personal data is collected via cookies and also at the time of ordering, whether via the customer account or as a guest. The data collected are as follows: 
  • Name
  • First name
  • Mailing address 
  • E-mail address 
  • Phone number
This collection of information is done for the purpose of processing and fulfilling customer orders.
We may also collect this information for informational and advertising purposes, for example to announce promotions or new products, if and only if the customer has authorized us to do so by checking the box provided for this purpose on our Site. If the customer no longer wishes his data to be used for such purposes, he can unsubscribe by clicking on the link present in the emails received. 
The customer can contact our service at the following address contact@pongopetfood.com in order to oppose the use of his data and/or to consult the data that we have collected.
PONGO undertakes not to share its customers' data, except that necessary for the smooth running of the order, without the customer's prior authorization.
Indeed, certain information must be transmitted to authorized partners of the company PONGO such as delivery information to carriers. By making a purchase on our site www.pongopetfood.com the customer accepts these General Terms and Conditions
PONGO undertakes not to sell, rent, transfer or give access to its customers' data to third parties (other than PONGO's authorized external partners in order to process the order) without the customer's prior consent. Except in the case of a legitimate event (legal obligation, control, etc.) 
PONGO is in no way responsible for account hacking. The customer is solely responsible for the confidentiality of his/her username and password. PONGO will not be responsible for any event occurring on a customer's account following access by a third party who may have obtained the customer's login information. 
The customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition to information concerning him/her.
SECTION 11 - INTELLECTUAL PROPERTY
All content on the Site designating, without limitation, the following elements: photography, product image, visuals, videos, product videos, texts, logos, products, all data and information. These elements are protected by French and international laws and regulations relating to intellectual property rights. All elements on the Site belong to the company PONGO and may not be copied, duplicated, replicated, resold, sold, modified, distributed, represented, exploited, used, rented under any circumstances. Any exploitation and/or reproduction without authorization of the elements on www.pongopetfood.com , regardless of the nature, will be subject to prosecution.
SECTION 12 - APPLICABLE LAW
These T&Cs are governed and applied in accordance with French law. 
In the event of a dispute, regardless of the country of destination of the order, these conditions will apply as a priority, and if these conditions do not contain any appropriate provision, French law will apply.
SECTION 13 - CUSTOMER SERVICE
For all requests concerning an order, the customer can contact our service by email using the following email address:  contact@pongopetfood.com . The customer must provide the following information: 
  • Name, First name 
  • Phone number
  • Order number concerned
  • Subject of his request 
Our service is available Monday to Friday from 9am to 6pm. 
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services accessible through our Site may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party websites' policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PONGO shall not be held liable for non-performance of the contract due to the customer or due to a force majeure event. 
PONGO is not responsible for of the use that would be made of the Site and its services by customers in violation of these General Terms and Conditions and of the direct or indirect damage that this use could cause to a customer or a third party. In particular, for false declarations made by a customer and their behavior towards third parties. In the event that PONGO's liability is sought due to such behavior by one of its customers, the latter undertakes to guarantee PONGO against any conviction pronounced against it and to reimburse PONGO for all costs, in particular lawyers' fees, incurred for its defense.

We do not guarantee, warrant or represent that your use of our Site will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services provided to you through the Site are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall PONGO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any services or products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. possibility that they will occur.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 16 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments; or (3) to respond to any comments.
We may, but have no obligation to, remove comments and Accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order). No compensation may be claimed by the customer in the event of an error on the site.

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions set forth in these T&Cs, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state law, regulation, rule, or local ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Site, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
SECTION 19 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these CGV does not constitute a waiver of this right or provision.

The present CGV or any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these T&Cs shall not be construed against the drafting party.
SECTION 20- PRE-ORDERS
We offer a pre-order service for some of our products. Delivery times for these products where pre-order is mentioned may vary between 4 to 6 weeks from the order date. These times are indicative and may be subject to variations depending on production and delivery conditions.
By placing an order, the customer accepts these delays and understands that delivery may take up to 6 weeks. We undertake to inform the customer in the event of a significant delay and to provide regular updates on the status of the order.
SECTION 21 - UNIQUE REP IDENTIFIER NUMBER
Unique identification number for the Household Packaging and Graphic Papers REP: FR392347_01VOKL