DALE FOOD AND PET PRODUCTS

Terms of Sales Version as of August 08, 2023

Preamble

The website www.kinpopdelights.com (hereinafter referred to as the “Site”), as well as the Products sold, are operated by DALE FOOD AND PET PRODUCTS, a limited liability company with share capital of €2,000, registered with the Trade and Nice companies, under number B 918 129 578, whose registered office is 1490 Pro Albert Camus 06190 Roquebrune-Cap-Martin (hereinafter the “Seller”).

The Seller’s Customer Service is accessible by email at the following address contact@kinpopdelights.com

These General Terms and Conditions of Sale (hereinafter referred to as “Conditions”) apply to the sale of Products via the Site between Customers and the Seller and aim to define the conditions of purchase by Customers and the conditions of sale of the products.

The Conditions apply without restriction or reservation to all Customers of the Site. Any Customer acknowledges and accepts that continuing to browse the Site constitutes unconditional acceptance of the following provisions and Conditions. They acknowledge having accepted the Conditions before placing an order for a product from the Seller on the Site, and placing an order implies the full, immediate and unconditional acceptance by the Customer of the Conditions in effect at the time of placing the order.

The Conditions can be consulted on the Site at any time. DALE FOOD AND PET PRODUCTS reserves the right to modify them at any time. The current version of the Conditions is the only one that is binding:

 Throughout the use of the Site and until a new version replaces it. DALE FOOD AND PET PRODUCTS reserves the right to modify these Conditions at any time, and any new modification of the Conditions will result to the acceptance of the Conditions once again by the Customer.
 For any order of Products via the Site.

The Conditions prevail over any other document issued by the Seller or any other general conditions of purchase. DALE FOOD AND PET PRODUCTS reserves the right to derogate from certain clauses herein or to establish categorical general conditions of sale according to the Customers.

These Terms entered into force on August 8, 2023.

In these Conditions the following terms are understood as follows:

“Subscription”: refers to the plan subscribed by the Customer to receive the Seller’s Products;

“Customer”: refers, in accordance with the provisions of the introductory article of the Consumer Code, any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, placing an order for a product from the Seller on the Site;

“Order”: refers to any order of the Seller’s Products on the Site by a Customer;

“Customer Account”: refers to the dedicated space for the Customer on the Site and allowing them to place orders, manage their personal information, find their invoices, track their orders as well as their order history;

“Conditions”: refers to this general terms and conditions of sale of the Site;

“Sales Contract”: refers to the sales contract entered into between the Seller and the Customer for any order of Products from the Site and formed by the Customer’s acceptance of these Conditions;

“Commercial Information(s)”: refers to the information published by the Seller on the Site concerning the Products it sells, in connection with its economic activity;

“Products”: refers to the Seller’s products offered for sale on the Site;

“Offer(s)”: refers to offers, discounts, benefits, and/or deals, of a commercial nature and related to the seller’s economic activity, published by the Seller on the Site;

“Services”: refers to all the services, features and applications accessible on the Site and provided by DALE FOOD AND PET PRODUCTS;

“Price”: refers to the price applicable to the Products communicated to the Customer, prior to the validation of the order;

2.1 Description of the Products

Via the Site, the Seller offers dog food for purchase, in the form of a daily ration, made up of fresh products, according to the specifications provided by the Customer. The products come in three recipes (pork, chicken, beef). Based on the information provided by the Customer, the customer will be assigned products with one of the three recipes and the quantities needed for the animal.

The photographs accompanying the Products are provided for informational purposes only, have no contractual value due to the difference in resolution between a photograph and the original colors of the Product and cannot engage the seller’s liability.

Each offer has a product sheet, indicating the following elements:

– Product Name ;
– Description and essential characteristics of the Product and recipes;
– The composition of the product as well as its nutritional data.

2.2 Precautions

To ensure that the Products are suitable for the Customer’s animal, the Customer must complete a questionnaire provided on the Site. The Customer must be particularly vigilant in the choice of their answers, as they are solely responsible for the veracity and accuracy of the information provided.

The Seller cannot be held liable in the event of damage or injury to an animal due to the consumption of the Products if this is due to incorrect information provided by the Customer via the questionnaire (eg: non-specification of food allergies).

The Customer declares to have taken all the prior precautions – in particular with his veterinarian – to ensure the suitability of this type of food for his animal. The Customer undertakes to organize the food transition of his animal with care, by not suddenly changing his diet but by organizing the animal’s meals in such a way as to gradually introduce the products provided by the seller. The Client is strongly encouraged to consult his veterinarian to ensure that the transition is respected correctly.

The products are supplied with instructions specifically provided by the Seller, which the Customer undertakes to respect, in order to ensure the well-being of his animal.

The rations must imperatively be kept cool (up to 7 days in the fridge and up to 3 months in the freezer) and not be served beyond the expiry date indicated on the Products. Otherwise, the Seller cannot be held liable if the Products are given to the animal.

2.3 Subscription

The Customer may benefit from a fifteen (15) day trial to test the Subscription for the Seller’s Products. After the 15 day period:
– The Customer can unsubscribe via the functionality provided for this purpose in their personal account;
– If the Customer does not take any action, the Subscription will be automatically activated and billed by the Customer.
The trial period is invoiced to the Customer.

The Customer must choose between having the Products delivered on a weekly basis (once/week), (twice/month) or a monthly basis (once/month).

The Customer may at any time terminate or pause their subscription, however the request for unsubscription or pausing will only be effective after seven (7) days’ notice period. Any order due within 7 days will be delivered and due by the Customer.
Any request for unsubscription or pauseing can be made either via the Customer’s Personal Account or by sending an email to the seller at the following address: contact@kinpopdelights.com.

2.4 Product Rating

Each Product is subject to rating by Customers. The Customer agrees to abide the following rules when rating a Product:
– Only rate products that have been acquired through the Website;
– Remain polite, courteous and use moderate language in comments;
– Do not incite hate or violence towards the Seller;
– Do not engage in any act of unfair competition or make false statements about the Product and/or the Seller.

In the event of a dispute over the sale of a Product, the Customer is invited to contact the Seller’s customer service and not to use the “Reviews” space to settle his dispute.

Any Customer who does not comply with these provisions may have their account deleted from the Site.

2.5 Unavailability of Products

Certain products or ingredients of a recipe may not be available on the scheduled day of delivery due to weather conditions, the unavailability of products from suppliers or for any other reason.
In this case, DALE FOOD AND PET PRODUCTS will promptly inform the customer in order to propose a replacement solution or a total or partial refund of their order.

For the purpose of placing an order, the Customer is invited to follow the following steps:

3.1 Creation of a Personal Account

For the purpose of placing an order for Seller Products on the Site, the Customer is invited to create his Personal Account. For the creation of his Personal Account, he will be asked to provide the following information:

– Last name First Name ;
– Email, and password chosen by the Customer;
– Address ;
– Phone Number ;
– Name of the Customer’s animal(s).

The Customer is invited to refer to the Privacy Policy of DALE FOOD AND PET PRODUCTS to find out how their personal data is processed.

The Customer is solely responsible for the security and confidentiality of his connection identifiers and must immediately notify DALE FOOD AND PET PRODUCTS in the event of loss or theft of his identifiers. The responsibility of DALE FOOD AND PET PRODUCTS could not be sought in the event of loss or theft of the identifiers of a Customer having led to fraudulent use of his Personal Account.

If the Customer wishes to modify his identifiers or if he suspects fraudulent use of these, he must contact DALE FOOD AND PET PRODUCTS customer service without delay, by sending an email to the following address: contact@kinpopdelights.com.

The Client guarantees that all the information provided on his Personal Account is accurate, up-to-date and sincere. He also guarantees to be a natural person, of legal age, and able to contract. The Client is solely responsible for the accuracy of the information provided on his Personal Account. As such, he undertakes to update the information if necessary. The responsibility of the Seller cannot be sought in the event of truncated, inaccurate or missing data having had a direct or indirect impact on the execution of a sale (eg: delivery address not updated).

3.2 Creation of the basket

The Customer must subscribe to the Subscription of his choice. Prices are indicated in Euro € and all taxes included.

3.3 Delivery

Delivery is made directly by the seller, to the Customer’s home and exclusively in department 06 of the Alpes Maritimes. No order will be accepted outside the aforementioned territory.

The Customer undertakes to provide the Seller with any information likely to impact the delivery (eg: house difficult to access, hours of absence, etc.).
The Customer undertakes to be present on the day of delivery or to have commissioned a third party for this purpose to receive the order. Otherwise, the Products cannot be delivered by the Seller – given the “fresh” nature of the Products – and the Customer will be liable for new delivery costs.

3.4 Payment of the price and discounts

The Subscription is due monthly, by direct debit, via the STRIPE system, the latter acting as the person responsible for processing the Customer’s bank data.

3.5 Validation of the order

Before making payment, the Customer must accept these Conditions by ticking the box provided for this purpose.

This validation implies acceptance of all of these Conditions. Any order by the Customer implies acceptance of the prices and descriptions of the Products purchased. The Customer must have the legal capacity allowing him to contract.

Following payment, the Customer will receive a summary of his order as well as an invoice by email. Upon receipt of payment, the sales contract is concluded between the Seller and the Customer and the Seller makes a firm commitment to deliver the products.

For any question relating to the follow-up of his order, the Customer must contact the Seller’s Customer Relations Center directly.

The Seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited payment organizations or in the event of non-payment of an order.

The Seller also reserves the right to refuse any delivery, any order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being processed (eg: monthly payment not withdrawn) .

In the event of refusal to process an order and if the Customer has already paid the amount of the order, the Customer will be informed of the refusal by email and the Customer will be reimbursed for the sums paid within thirty (30) days of the placing of the order.
The Seller also reserves the right to conduct checks on orders placed by Customers to fulfill its obligations regarding fraud prevention and money laundering. It may request the Customer to provide any documents that verify the Customer’s identity and place of residence.
In the absence of a response from the Customer or the provision of the requested documents, the Seller reserves the right to cancel the order, and the Customer will be refunded the amount paid within thirty (30) days from the date of placing the order.

6.1 Order Shipment

Delivery will only be made after the full payment is received. The Seller will proceed with the delivery of the products within a maximum of one (1) week after the order is placed.
Then, the Products will be delivered weekly, Biweekly or monthly, depending on the Subscription chosen by the Customer.

Delivery is carried out by the Seller to the Customer’s home address as provided by the Customer. The customer is solely responsible for the delivery information provided and may be charged redelivery fees in case of delivery impossibility.

In the event that a new appointment is not possible within the time required to maintain the freshness of the products, payment for the order, including delivery charges, will be retained by the Seller as compensatory damages.

Delivery charges are included for monthly deliveries.

Delivery times may be extended:

During the summer months;
On public holidays;
In the event of force majeure.
In the event of a delay due to an event of force majeure or any other event mentioned above that prolongs the delivery, the Seller’s liability cannot be pursued, and no compensation of any kind can be claimed by the Customer.

6.2 Receipt of the Order

Upon receiving their order, the Customer must verify the conformity of the Products. In the case of a damaged or deteriorated package or missing product, the Customer must notify the Seller on the same day as the receipt of the order.
If the package has been torn or opened, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the package and make a note of any anomalies regarding the delivery.

This verification is considered completed by the Customer as soon as the Customer or a third party authorized by the Customer for this purpose accepts the delivery.

In the event of non-compliance or hidden defects noticed by the Customer at the time of delivery, the Customer must contact DALE FOOD AND PETS PRODUCTS customer service as soon as possible, providing their order and invoice numbers, their identity, and a description of the non-compliance.

The transfer of the risks of loss and damage to the Products will occur upon delivery and receipt of said products by the Customer.

In accordance with the provisions of Article L. 221-18 of the Consumer Code, the consumer has a period of fourteen days to exercise their right of withdrawal from a distance contract, without having to provide a reason or bear any costs other than those provided for in Articles L.221-23 to L.221-25.

However, pursuant to Article L.221-28 of the same code, the right of withdrawal does not apply to the following contracts:

“(…) 4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after delivery, are inseparably mixed with other items due to their nature;
7° Supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which is agreed upon at the time of the conclusion of the contract, but which may be subject to fluctuations in the market beyond the control of the professional.”

In this case, the right of withdrawal does not apply to the Products provided by the Seller.

Due to the perishable nature of the products sold, any complaint concerning these products must be made by the Customer within 24 hours from the delivery of the relevant products.

9.1 General Provisions

The Customer undertakes, in particular, to provide correct and complete information regarding the delivery address provided when placing the order or to notify the seller – within the time limits indicated herein – in case of any changes.

The Seller assumes full responsibility for the Products it sells through the Website and will handle complaints related to the Products alone.

The Seller’s liability can only be incurred for facts that are directly attributable to the Seller and have caused direct harm to the Customer.

The Seller’s liability cannot be engaged in the event of misuse of the Website by the Customer, the Customer’s fault, unforeseeable and insurmountable actions of a third party, or a force majeure event as defined by French jurisprudence.

The seller or its successors expressly reserve ownership of the goods delivered and described below until full payment of their price, including principal and interest (Law No. 80.335 of May 12, 1980). In the event of non-payment by the Customer of a single installment of the price on the agreed due dates and fifteen days after an unsuccessful formal notice by registered letter with acknowledgment of receipt, this sale will be automatically terminated if it seems good to the seller.

The goods will remain the property of the seller until full payment of their price, but the Customer will become responsible for them upon their physical delivery, and the transfer of possession will entail the transfer of risks.

9.2 Customer Responsibilities Regarding the Products

The Customer expressly undertakes to:

Follow the usage and storage instructions for the Products provided by the Seller;
Provide correct and complete information in the pre-subscription questionnaire and update it – or communicate directly to the Seller any new information that may impact the Subscription or the well-being of the Animal;
Stop using the Products in case of adverse reactions or intolerance by the animal;
Consult their veterinarian before providing the Products to ensure their suitability for the animal, as well as during the dietary transition to check the animal’s health and tolerance to the Products;
Strictly adhere to the cold chain and the expiration dates.
The Seller cannot be held responsible in case of Customer non-compliance with the above provisions.

The Customer is also informed that a variation of up to 10% in the weight of the Products may occur due to the fresh nature of the Products. Furthermore, the Seller may make minor changes to the Products (to always provide fresh and seasonal products) without affecting the quality of the recipe or the animal’s food intolerances and allergies. No changes will be made to the main ingredient of the recipe (beef, chicken, pork).

Neither the Customer nor the Seller shall be held liable for any delay or failure in the performance of their contractual obligations if such delay or failure is due to the occurrence of an event beyond their control or a force majeure event that could not reasonably have been foreseen at the time of the order and whose effects cannot be avoided by appropriate measures.

In the event of such a force majeure event, the execution of these Conditions shall be suspended until the force majeure event disappears, ceases, or ends. However, if the force majeure event persists beyond a period of thirty (30) days, the Customer and the Seller must come to an agreement to discuss a possible modification of the order.

The deadlines specified in these Conditions will be automatically extended based on the duration of the force majeure event.

11.1 Dispute Resolution

These general conditions and the transactions arising from them are governed by French law.

The Parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of these conditions. In this regard, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgment of receipt, of their intention to initiate the said procedure, specifying the difficulties encountered or the observed failures.

This amicable dispute resolution procedure is a mandatory prerequisite for bringing legal action between the Parties. Any legal action initiated in violation of this clause will be declared inadmissible.

If the parties fail to reach an amicable agreement within a period of thirty (30) calendar days following the initial notification, each of them will regain full freedom of action.

In the absence of reaching an amicable resolution despite the efforts made, any dispute related to the execution, interpretation, validity, and resolution of the conditions will be submitted to the competent courts within the jurisdiction of the Court of Appeal at the Seller’s registered office.

11.2 Mediation

The European Commission has established an online dispute resolution platform, enabling the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. The procedure is free of charge. The Customer may, at their own expense, be represented by legal counsel.

The Customer is free to accept or refuse mediation and/or any possible solution proposed by the mediator.

Severability: If one or more provisions of these Conditions are held to be invalid or declared null and void in accordance with a law or regulation or as a result of a final court decision, this does not affect the other clauses of the Conditions.

Non-waiver: The fact that the Seller or the Customer has not invoked a breach by the other party of any of the obligations set forth in these Conditions will not be interpreted as a waiver of the obligation in question for the future.

Partial Nullity: In the event of a contradiction between a provision of the Conditions and any legislative text, law, ordinance, regulation, court order, or collective agreement, current or future, the latter shall prevail, provided that the provision of these Conditions affected thereby is limited only to the extent necessary, and no other provision is affected.

Language of the Conditions: These general conditions and the transactions arising from them are governed by French law. They are written in the french language. In the event that they are translated into one or more languages, only the French text will prevail in case of dispute.