These general terms and conditions of sale ("the GCS") govern the sale of the products of VIRBAC (the French company) and its Affiliates ("the SELLER"). The local Affiliate Virbac Limited is responsible for the promotion and the management of sales in the local country through the site URL address uk.virbac.com ("the WEBSITE") to any buyer who is a consumer, non-trade customer ("the CLIENT"). The purpose of the GCS is to define the rights and obligations of the CLIENT in the context of the sale of products via the WEBSITE, as well as the roles and liability of the SELLER in the context of the sale of said products.
It is considered that the CLIENT has read and accepted the terms and conditions of use of the WEBSITE governing the relationship between the SELLER and any user, including the CLIENT, regarding access and/or use of the WEBSITE ("the T&Cs"). As necessary, it is specified that, unless expressly provided otherwise in the T&Cs, the CLIENT is also required to comply with the T&Cs when ordering products via the WEBSITE.
Please read the provisions of these GCS carefully, print them out and keep a copy.
1. Client account
1.1 In order to place an order on the WEBSITE, the CLIENT must have an account. If the CLIENT already has an account under the T&Cs, he/she can sign in to their account to place an order on the WEBSITE. Otherwise, the creation of an account is proposed by the SELLER during the CLIENT's order process. The CLIENT must provide accurate information and a valid email address in order for the SELLER to contact the CLIENT, notably regarding the confirmation of the creation of their account and in case of CLIENT’s order, notably to contact the CLIENT in relation to their order.
1.2 The CLIENT may, at any time, modify the information provided directly via their account and/or by contacting the SELLER. The CLIENT is invited to update his/her data regularly.
1.3 The password for the CLIENT’s account is strictly personal and confidential to the CLIENT. The CLIENT shall refrain from communicating it to third parties in any form whatsoever and undertake to make every effort to maintain its confidentiality. In the event of loss/forgotten or theft of his/her password, including in the event that the CLIENT notices malicious use of their account, the CLIENT undertakes to inform the SELLER without delay by requesting a new password by email from the SELLER at webshop@virbac.co.uk or to use the technical functionality “I forgot my password” when connecting.
1.4 In the event of non-compliance by the CLIENT with the above obligations or any other provision of the GCS that justifies it, without prejudice to the other applicable conditions of the GCS, access to the CLIENT's account and thus to the order of products on the WEBSITE may be immediately and without notice, temporarily or permanently suspended or cancelled by means of deactivation of the account of the CLIENT in question, without prejudice to the other rights of the SELLER. The CLIENT may request the closure of their account at any time, without having to justify its reasons, subject to its obligations under the GCS and the T&Cs.
2. Placing and validation of the order
2.1 The CLIENT declares to be of legal age and to have the legal capacity to contract and to order products via the WEBSITE. The offered goods are sold in customary domestic quantities only and only to persons of an age at which they are capable of entering into legal transactions.
2.2 The CLIENT selects on the WEBSITE the product(s) to purchase, the corresponding quantity and, if the WEBSITE offers it, the size and options of the product(s). The CLIENT validates his choice by clicking on the "ADD TO BASKET" button.
The CLIENT can check his/her order by accessing his/her basket and can modify or delete the product(s) in the basket in whole or in part before validating the order.
By clicking on the button "CHECK OUT NOW”, the CLIENT is invited to sign in to his/her account or, if he/she does not have an account, to create an account. After having identified himself/herself by means of his/her account, the CLIENT selects the mode of delivery in accordance with the terms and conditions set out in the article "DELIVERY" of the GCS, as well as his/her billing address. The CLIENT undertakes to provide accurate data and to modify the data if necessary.
In order to validate his/her order, the CLIENT is invited to click on the button "NEXT". The CLIENT will have a summary statement of his/her order including the product(s) chosen, the price of the delivery and the total to be paid.
The CLIENT will then choose his/her method of payment and fill in the required payment data. The CLIENT must imperatively have accepted the GCS and then click on the button "PLACE ORDER", a click that validates payment and acceptance of the GCS.
All information given by the CLIENT during the ordering process commits the latter. Consequently, in case of CLIENT’s error, the SELLER cannot be held responsible for the impossibility for delivering the product(s).
2.3 The contract will be concluded at the moment at which the CLIENT accepts the offer by placing the order with payment obligation and the conditions thereby stipulated have been fulfilled. The SELLER will confirm receipt of acceptance of the offer electronically.
2.4 The SELLER shall inform the CLIENT in the event of a stock shortage/problem that may affect the order.
2.5 Any Order shall be deemed acceptance of the price and description of the product(s) ordered and of the GCS in accordance with the article "ACCEPTANCE OF THE GCS".
The SELLER also reserves the right to refuse or cancel an order from a CLIENT with whom they have a dispute over the payment of a previous order or an objective suspicion of fraud.
3. Acceptance of GCS
3.1 Any order for products from the SELLER, regardless of its origin, implies unreserved adherence to the GCS, which replace any clause to the contrary that may appear in purchase orders, correspondence, terms of purchase, or documents issued by the CLIENT and not expressly approved by the SELLER.
3.2 The CLIENT undertakes to comply with these GCS and the legislation and regulations in force during the period of application of these GCS.
The reading and acceptance without reserve of these GCS are thus imperative and condition the order of products on the WEBSITE.
3.3 The CLIENT is informed of the GCS at the bottom of the order form. After having read the GCS carefully, the CLIENT accepts them by ticking the box "I declare that I have read and accepted the GCS without reservation".
This process gives electronic contractual value and proves that the CLIENT is aware of all of these GCS and the obligations incumbent upon it.
3.4 The GCS are concluded, following their acceptance for the entire duration of execution of the order(s) carried out on the basis of the said GCS and the guarantees associated with the products concerned by the said order(s), except in the event of termination/rescission or force majeure.
3.5 The SELLER reserves the right to modify its GCS from time to time without this affecting orders already placed, which shall remain governed by the applicable GCS and accepted by the CLIENT at the time the orders concerned are placed.
4. Products
4.1 Each product is accompanied by a descriptive sheet containing the essential characteristics of the product, which the CLIENT is invited to read before placing any order.
4.2 The SELLER is not bound by obvious errors or mistakes on the WEBSITE. Although the SELLER shall ensure that the visuals of the products are as faithful as possible, it cannot guarantee complete similarity with the products offered for sale. These visuals are not contractual.
4.3 Unless otherwise specified, the products presented on the WEBSITE as well as their prices are valid for the duration of their posting on the WEBSITE.
5. Availability
The products are offered within the limit of available stocks. In the event of unavailability of the product(s) after the order has been placed, the CLIENT will be informed as soon as possible. The SELLER may offer the CLIENT a product with similar characteristics without the CLIENT being obliged to accept the replacement of the product initially ordered by this other product. In the event that the CLIENT does not want the proposed replacement product, the CLIENT’s order may then be cancelled and the CLIENT will not be debited for the price of this product.
6. Delivery
6.1 The products are delivered to the address provided by the CLIENT.
6.2 Regardless of the method of shipment, the SELLER's products shall be delivered by transport service providers in the areas delivered by the SELLER, in Great Britain only. As the SELLER is responsible for the delivery of the products, the risk of loss or deterioration of the product is transferred to the CLIENT at the time of delivery of the products, i.e. the transfer to the CLIENT of the physical possession of the products.
6.3 The choice between the different modes of delivery offered depending on the product ordered is made at the time of validation of the order. The price of the delivery is indicated at the time of its selection and is thus added to the total amount of the order.
6.4 The delivery period and the terms and conditions specific to each delivery method shall be indicated to the CLIENT at the time of the choice of said terms and conditions.
6.5 Delivery cannot be made to hotels, holiday parks, post office boxes, etc.
In the event of impossibility to make the delivery, due to an incorrect delivery address or the CLIENT’s failure to collect the order from the selected collection point, no reshipment can be made and the CLIENT will be reimbursed within fifteen (15) working days after the receipt of the shipped goods returned to the SELLER.
6.6 The SELLER shall not be held liable for any delay in delivery that is not due to its own fault or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the CLIENT may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of its request, reimbursement of the sums paid for the order. Notwithstanding the foregoing, the SELLER shall not be held liable for any damage resulting from a delay in delivery. The only possible remedy is the SELLER's reimbursement of the product, excluding any other form of compensation.
6.7 At the time of delivery, it is up to the CLIENT to check the condition of his package and its contents upon arrival of his order. If necessary, the CLIENT must immediately express all of their reservations, and this, in a precise manner, directly on the delivery note. By signing the delivery note without any reservation, the CLIENT is presumed to have received the goods without any apparent defect.
In the event that the package and/or its contents are damaged, the CLIENT is invited to refuse the goods delivered by the carrier and to indicate this refusal expressly on the delivery note accompanied by any useful reserves.
This verification by the CLIENT at the time of receipt of the products before the carrier is essential because it allows the SELLER to then exercise recourse against the carrier for any lack of conformity that would result from the transport or the delivery itself. In accordance with the legal framework in force, the CLIENT also benefits from the legal guarantee of conformity under the legal conditions provided by law. Independently of the verification of the perfect state of the delivered product, it is the same for any other anomaly noted by the CLIENT at the time of delivery, each of them having to be reported on the delivery note.
7. Prices
7.1 The price of the products is fixed in GBP Sterling, including VAT, but excluding customs duties and other taxes and excluding delivery costs.
In the order summary and order confirmation, the total price is expressed inclusive of all taxes, including VAT, as well as delivery costs.
7.2 The SELLER reserves the right to modify the prices at any time before the CLIENT has placed the order.
8. Terms of payment
8.1 The products need to be paid right after confirmation of the order.
8.2 The payment of the products is made either via VISA, Mastercard or via PayPal. In case of PayPal, payment can be made for one-time purchases only and is not available for subscription orders.
8.3 The CLIENT expressly acknowledges that the communication of their credit or debit card number is equivalent to authorisation to debit its account up to the price of the products ordered. Where applicable, a notification of order cancellation for non-payment is sent to the CLIENT by the SELLER to the email address provided by the CLIENT when creating his/her account. The card is only debited at the time of purchase.
8.4 Upon completion of payment, the SELLER shall send the corresponding invoice to the CLIENT by e-mail.
8.5 In order to avoid any ambiguity, it is recalled that the cancellation of an order does not relieve the CLIENT of their obligation to pay and the SELLER of their obligation to re-credit the sums, as the case may be, in accordance with the provisions of the GCS.
9. Right of withdrawal
9.1 The CLIENT has a right of withdrawal of fourteen (14) days from the date of receipt of their order, without having to justify their decision or bear any other costs except for the sole cost of return, which remains the responsibility of the CLIENT.
9.2 If the CLIENT has ordered several products in one order: the withdrawal period commences on the day after which the CLIENT received the last product.
9.3 This right of withdrawal is subject to certain exceptions, in particular with regard to the supply of goods that are subject to quick deterioration or expiration or that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery.
9.4 When the right of withdrawal is admissible in accordance with the legal provisions in force, the CLIENT who wishes to exercise it must notify the SELLER of their decision to withdraw from the order concerned by means of an unambiguous statement by e-mail using the contact information webshop@virbac.co.uk or via the account of the CLIENT.
9.5 During the withdrawal period, the CLIENT shall treat the product and its packaging with care. He/she shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The CLIENT may only handle and inspect the product in the same way that he would be allowed in a shop.
9.6 In order to be reimbursed, products returned by the CLIENT must be in their original packaging and in their original, new condition. Otherwise, if the product should be damaged on its return, the SELLER will be entitled to refuse the return and refund.
9.7 The SELLER shall reimburse the order within fourteen (14) days at the latest from the date on which it is informed of the CLIENT’s decision to withdraw.
However, the refund is subject to the SELLER being able to recover the products subject to the return and the request for refund. Therefore, SELLER may use its right to refund after receiving the product from the CLIENT.
The SELLER shall make the refund using the same means of payment as that used to pay for the order, unless the CLIENT expressly agrees to use another and provided that the refund does not incur any additional costs. If this is the case or if the initial means of payment has expired, the CLIENT must contact the SELLER to change the method of reimbursement. The SELLER shall not be liable for any refund on an expired means of payment.
9.8 Any advantage previously granted and conditional on the purchase made will be lost and will thus intervene in restitution or in reduction of the reimbursement to be made.
9.9 If the CLIENT fails to comply with article 9 GCS, the SELLER shall not be able to refund the products concerned.
10. Guarantees and liability of the seller
10.1. The documents, descriptions and information relating to the products appearing on the WEBSITE are not covered by any warranty, explicit or implicit, except for the warranties provided by law.
Subject to these reservations, the SELLER is only required to deliver products that comply with the contractual provisions. The products shall be deemed to comply with the contractual provisions if the following conditions are met: (i) they shall be conform to the description and possess the characteristics set out on the WEBSITE; (ii) they shall be fit for the purposes for which products of this kind are generally designed; (iii) they shall meet the quality and resistance criteria generally accepted for products of the same kind and which may reasonably be expected.
10.2 The SELLER guarantees the CLIENT in accordance with legal provisions, against any hidden defect recognised by the SELLER after contradictory examination, arising from a defect in material or manufacturing and makes the products unfit for their use.
10.3 The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
11. Intellectual property
11.1 The SELLER’s website, logos, texts, photos, names and more generally, all communications are protected by intellectual property rights belonging to the SELLER, its subcontractors or other assigns.
11.2 It is forbidden to use and / or make modifications to the intellectual property rights as described in this article, such as for example to copy or reproduce drawings, photos, names, texts, logos, color associations, etc. without express prior written authorisation from the SELLER.
12. Force majeure
In no event shall the SELLER be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; supply difficulties, interruption of carriers, store fire or any other cause hindering the activity of the SELLER and notably the SELLER’s manufacturing unit, it being understood that the SELLER shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
13. Applicable law and jurisdiction
13.1 The GCS are governed by English law.
13.2 Should any provision of these GCS be or become invalid or unenforceable, the validity or enforceability of the other provisions of these GCS shall not be affected thereby.
13.3 The CLIENT is informed of the possibility of recourse, in the event of a dispute relating to these GCS, to a conventional mediation procedure or any other alternative dispute resolution method. The SELLER also informs the CLIENT of the existence of an online dispute resolution platform to which it may have recourse: https://www.cdrl.org.uk/consumer-arbitration
13.4 Any dispute that is not settled amicably will be brought before a UK court in the CLIENTS place of residence.
14. Proof agreement
In addition to the legal provisions in force recognizing the probative value of digital writing, the CLIENT recognises the probative value of e-mails and notifications made by the SELLER on the WEBSITE or by e-mail and other documents scanned in the context of the execution of the product order by the CLIENT.
It is understood that this article has neither the effect nor the purpose of limiting any other means of proof available to the CLIENT.