Preamble

The original version of the present Terms and Conditions of Sale was drafted in French, which is the version that shall prevail and takes precedence over any other version. These terms and conditions apply to purchases made in Europe of products sold on the European website www.instinctivetendance.com.

1- Identification of the parties

Sales via the website www.instinctivetendance.com are sales made by
EFF&DESIGN, a French simplified joint-stock company (Société par actions simplifiée), with share capital of 5,000 euros, registered with the DAX Trade and Companies Registry under no. 841 798 978
Intra-European VAT registration number FR 06 841 798 978
and whose head office is located at: 12, Quartier du Boudigau –40530 Labenne, France
Service provider ensuring direct and permanent storage of the www.instinctivetendance.com website:
OVH, 2 rue Kellermann - 59100 Roubaix, France
EFF&DESIGN SAS shall be referred to as “the Vendor” in these Terms and Conditions of Sale.
All individuals or legal entities wishing to order an article presented on this e-commerce website shall hereinafter be referred to as “the Customer”.
It is noted that products on the website may only be purchased by non-trading individuals who are over 18 years of age and who have full legal capacity.

2 - Purpose of these Terms and Conditions of Sale

The purpose of these terms and conditions of sale is, on one hand, to inform any potential Customer of the terms and conditions under which the Vendor proceeds with the sale and delivery of any Instinctive Tendance products ordered and, on the other hand, to set out the rights and obligations of the parties with respect to the sale of Instinctive Tendance products by the Vendor to the Customer.
All orders for products on sale on the www.instinctivetendance.com website requires the Customer’s acceptance without reservation, and full and unremitting compliance with these terms and conditions of sale which take precedent over any other documents such as prospectuses, catalogues or advertisements which are provided for information purposes only and are not legally binding.
Acceptance by the Customer shall consist of checking the box on the acceptance window that appears on screen during the order process, before the payment stage.
Customers may save and print the terms and conditions of sale applicable at the date of their order, either from the acceptance window or by accessing the Terms and Conditions of Sale section of the Website.
Customers may systematically consult these conditions on the website before placing an order and at the moment of the order confirmation.
The Vendor reserves the right to make changes to this website and its terms and conditions of sale at any time.
The parties expressly acknowledge and agree that the terms and conditions of sale in force at the purchase date and accepted by the Customer shall exclusively govern their relations.

3 – Characteristics and availability of products

In accordance with Article L. 111-1 of the French Consumer Code, Customers may, prior to placing their orders, consult, on the www.instinctivetendance.com website, the key characteristics of any products they wish to order.
Offers presented on the www.instinct-creations.com website are valid while stocks last.
Should a product become unavailable after an order is placed, the Customer shall be informed by email of the cancellation of said order.
In accordance with the provisions of Articles L. 216-2 and L. 216-3 of the French Consumer Code, should a product be unavailable Customers may request a full refund of the price paid for the product ordered within 14 days of their request.
Products available for sale on the www.instinctivetendance.com website are presented using high-quality photographs and accompanied by a description of their characteristics. Products are described and presented as accurately as possible. However, due to the information technology used, delivered products may sometimes vary slightly from the photographs presented on the website, in particular in terms of colour and the appearance of the wood’s grain.
In the event of the non-compliance or unavailability of a product after the Customer has placed an order, the Customer may request that the Vendor, providing that this does not generate disproportionate costs for the Vendor, either:

  • in the event of non-compliance, provides a replacement product that is identical to the one ordered, within the limits of available stock;
  • or, in the event of unavailability, delivers a product of an equivalent quality and equivalent price, within the limits of available stock;
  • or, waits until the delivery date provided by the Vendor;
  • or, issues a refund of the Customer’s order within 14 days of the Customer’s request if the replacement or exchange for an equivalent product is impossible.

In any case, these provisions shall in no way revoke the Customer’s right to retract, as provided for in Article 8 of the Terms and Conditions of Sale.
Choice of products
Customers, having consulted the products for sale on the www.instinctivetendance.com website and their characteristics, shall be solely responsible for ensuring that their choice of product corresponds to their needs prior to placing an order. Moreover, as the Customers alone hold information regarding the pets that they own and the products which they own or use, they shall be the sole judge of the compatibility of the products ordered with their pets and the products used by said pets.

4-Prices and discount codes

All prices are listed in euros (€), including taxes. Prices include French value added tax (VAT) which applies to all orders; VAT shall apply at the current rate at the date of invoicing.
Product prices do not include shipping costs, which are payable by the Customer, the amount of which shall be stated once a product has been placed in the shopping cart and shall appear on the order form before the Customer confirms said order.
By confirming an order, the Customer undertakes to pay the entire amount stated previously.
The Vendor shall reserve the right to modify its prices at any time, it being noted, however, that the price stated on the www.instinctivetendance.com website on the day and at the moment an order is placed shall be the only one applicable to the Customer.
Thanks to special offers (discount codes, discount coupons, etc.), the Customer may be eligible to an exclusive discount for the purchase of a specific product or on an order including several products during a certain period of validity. These discounts shall only apply during the period of validity and within the limit of the number of products and stock available stated in the offer in question. Discounts are strictly personal and cannot be transferred to a third party, and shall only be used for online purchases on the Website. Special offers cannot be combined with other promotional or special offers unless otherwise stated in the offer. Reductions cannot be exchanged in any way for a cash amount. Reductions are applied to the amount of the product in question or to the order, including taxes, excluding shipping costs, which are payable by the Customer. If items from an order are returned and the order no longer meets the conditions necessary to benefit from the special offer, the reduction shall no longer apply. If a promotional code is used to receive a free gift with an order and that said order is returned by the Customer, the Customer must also return the free gift in its original packaging. Failing this the Customer shall be liable to pay the value of the free gift.

5- Orders

To place on order on the www.instinctivetendance.com website, Customers must complete the following steps:

  1. Select the products
  2. Add them to the cart
  3. Verify/modify the contents of the cart
  4. Select delivery and invoicing options
  5. Read and accept the terms and conditions of sale
  6. Pay
  7. Confirm the order
  8. Acknowledge the order confirmation

Customers may modify the content of their cart before the final confirmation.
Customers are bound by their order once they have clicked on the “Submit” button at the end of the order process. Once an order has been registered, a confirmation message shall automatically appear on the Website which shall state the order number and details of the products purchased. Once an order has been received, the Vendor shall send a detailed email to the Customer confirming receipt of the order and the list of products ordered, as well as the amount invoiced (including taxes and any shipping costs). By sending this order confirmation, the Vendor shall accept the order placed by the Customer.
This acknowledgement of receipt shall be regarded as confirmation of the Customer’s order, subject to the availability of the Products and the actual receipt of the amount corresponding to the price of the Products by the Vendor.
By placing an order, Customers shall accept the prices and descriptions of the products purchased as well as the terms and conditions of sale at the order date.

6 – Payments

Payment must be made when the Customer places an order. Amounts paid shall at no time be considered as a deposit or instalment.

Payment in full shall be taken by the Vendor for the order at the moment said order is confirmed.
Currency
All orders shall be paid in euros (€) for countries in the European Union to which the Vendor accepts to deliver its products.
Methods of payment
The following payment cards are currently accepted: Debit card, Visa, MasterCard, Maestro, e-Card, Visa Electron.
Customers, to pay for their order by Debit card, Visa or MasterCard using the secure payment gateway, shall enter their card number, expiry date and the last three digits on the back of the card.
Once the banking details have been validated, the secure payment gateway will send an authorisation request to the banking card network.
The payment gateway then issues an electronic certificate.
The electronic certificate issued by the payment gateway shall be considered as proof of the amount and the date of the transaction. In this respect, the dates and times of the server shall prevail between the parties.
Customers must save and print this payment certificate if they wish to conserve the banking details relating their transaction.
Customers acknowledge that they are fully authorised to use the payment card provided for the payment of their order and that said card provides access to sufficient funds to cover all expenses arising from this order.
The validation of an order by the Customer through its payment shall automatically generate an invoice which is sent to the Customer electronically and included with the delivery.
The Vendor has established a transaction protection process aimed at ensuring the security, integrity and confidentiality of payments made on its Website. Payment card numbers are not stored on the Vendor’s systems. When an order is placed, the Customer’s banking and payment details are encrypted using the SSL protocol (Secure Socket Layer) from the moment they are entered by the Customer right through until the end of the transaction.
No details from the Customer’s bank is routed through the Website or is recorded on any public server or on the Vendor’s servers. The Customer’s banking details shall therefore be requested each time the Customer places a new order on the Website.

Payment in three instalments by payment card
Payment in three (3) monthly instalments, by payment card only, is available to Customers based in mainland France only. This interest-free method of payment, which requires no supporting documentation, specific paperwork or acceptance period, is available on orders between €80 and €800 paid for using the accepted payment cards (Debit card, Visa and MasterCard). Payment shall be accepted provided that, at the date on which the order is placed, the Customer’s account is credited with the amount of the first instalment and that the expiry date of the payment card is later than the date of the last monthly payment, i.e. 61 days after the date on which the order is placed.
Instalments are automatically debited. The first instalment, for an amount equivalent to 40% of the order, shall be debited at the date on which the order is placed. The second instalment, for an amount equivalent to 30% of the order, shall be debited 30 days after the order is placed. The final instalment, for an amount equivalent to 30% of the order, shall be debited 60 days after the order is placed. The payment schedule is provided to Customers before their payment card details are entered. For example, for an order of €220 including VAT, the first instalment shall amount to €88.00, and the two following instalments €66.00 each.
In the event of any unpaid amounts, the remaining instalment shall be cancelled and the amount stipulated in the recovery order shall be equal to the total amount still owed by the Customer. The Vendor may mandate the Company of its choice to manage the monthly instalments and/or their recovery.
If Customers decide to exercise their right to retract, the conditions set out in Article 8 shall apply. The Vendor shall reimburse the amounts already paid or shall issue a credit note for the amount of the amounts already paid, according to the Customer’s choice. The monthly payments still outstanding shall be cancelled, or modified in the event of a partial retraction.

Retention of ownership
The Vendor shall retain ownership of the products until payments has been received in full.
In the event that a Customer does not comply with the payment conditions for the products, regardless of the reasons, the Vendor shall reserve the right to suspend the fulfilment of any other orders underway until all amounts have been paid in full.

7 – Timescales, Delivery, Reception

The method of delivery shall be chosen by the Customer when the order is placed, or by the carrier selected by the Vendor for large or heavy products.
Products shall be delivered to the address provided by the Customer during the order process, in mainland France, Corsica, the eurozone as well as in Denmark, the United Kingdom and Sweden. For deliveries to any other destination, the Customer is advised to contact Customer Services.
For logistic reasons, EFF&DESIGN is not currently in a position to offer delivery to all countries in the world.
The contribution to packing and shipment costs includes taxes according to the current rate of Value Added Tax in mainland France.
For shipments outside of the European Union, all taxes and customs duties must be paid by the Customer upon reception of the parcel according to the laws applicable in the country of destination.
When placing an order, Customers receive an order tracking number. Using this number, Customers can obtain information regarding the delivery progress of their order via the parcel tracking section of the website of the delivery company chosen by the Vendor. The website address of the delivery company shall be provided in the order confirmation email sent to the Customer.
Information provided by the Customer shall be binding: In the event of an error by the Customer in the recipient’s contact information, the Vendor cannot be held liable, in particular, for not being able to deliver the parcel to the delivery address provided. In these circumstances, all costs incurred to resend the order shall be at the sole expense of the Customer.
Moreover, the Vendor shall not be held liable in the event of delays, disruption, damages, total or partial losses, full or partial strikes by the postal services and/or delivery companies.
The maximum delivery deadline is 30 working days as of the date on which a product is ordered, unless specifically stipulated to the Customer before the order is placed, as well as prior to its definitive validation. In this case, the Vendor shall provide the Customer with an estimated delivery window.
The Vendor cannot be held liable in the event of a strike, bad weather conditions or any other disruption which may delay the delivery.
The Customer is personally responsible for the reception of the products ordered at the delivery location indicated by the Customer during the order process. To do so, Customers must be able to present documentation proving their identity. In the event the delivery is made to a third party, the latter must present proof of power of attorney as well as a photocopy of the Customer’s identity card.
If the recipient is absent at the time of delivery to the address provided by the Customer, a delivery notice shall be left in the letter box. If the parcel is delivered by La Poste, it may be collected from the specified post office within 10 days of this notice being delivered. If the parcel is delivered by a delivery company, a delivery notice shall also be left in the letter box at the address provided by the Customer when the order is placed. The Customer shall then be responsible for contacting the delivery company to reschedule a new delivery date. If the timescales stated above are not respected, the parcel shall be returned to Instinctive Tendance. Customer Services shall then contact the Customer to schedule a possible redelivery and when there is no reply from the Customer within a reasonable period of time, a refund shall be issued.
Upon receipt of the parcel, Customers must inspect the products and their packaging at the time of delivery, to verify that they are not damaged. In the event that a product is damaged, Customers shall indicate any abnormality on the delivery note in the form of a precise handwritten reserve, accompanied by their signature. When the delivery is carried out by a delivery company, these checks must be carried out in the presence of the delivery company’s employee. Indications along the lines of “subject to unpacking” or “subject to checks” carry no legal value and shall not be admissible in the event of a dispute.
In the case that products arrive damaged, the Customer must refuse the delivery and the Vendor shall fully refund the amount paid for the damaged goods as well as the shipping costs within 14 days of receiving the damaged products and recording their return.
The Customer shall then inform the Vendor’s Customer Services team either by email or by telephone and the latter shall launch an inquiry with the delivery company.
In all cases, the Customer undertakes to provide the Vendor with any evidence that may be used to file a claim with the delivery company.
- Late deliveries:
In such a case, the Customer may contact Instinctive Tendance’s Customer Services team using the contact details provided in Article 10.
The Customer may cancel an order if it has not been delivered seven (7) working days at the latest after the delivery date indicated by Instinctive Tendance, unless this delay is due to a case of force majeur.
EFF&DESIGN shall submit a Customer refund request to its bank within ten (10) working days of the Customer cancelling the order.
- Transfer of risks:
The risk of loss or damage to the products ordered shall be transferred to the Customer when the latter, or a third party designated by the Customer, takes physical possession of the products ordered.
However, the risks are transferred to the Customer at the time of delivery (at the agreed date) if the Customer, or a third party designated by the Customer, does not clearly abide with the reasonable measures necessary to take possession of the products ordered.

8 – Right to retract, refunds, returns

Customers have fourteen (14) days as of the receipt of the order to return the product(s) for a refund. Return shipping costs shall be paid by the Customer.
If the last day of this period falls on a Saturday, Sunday or bank holiday, the return period shall be extended to the next working day.
To exercise the right to retract, products must be returned to Instinctive Tendance in perfect condition for resale, in their original conditions (packaging, accessories, instruction manual, etc.), properly sealed and accompanied by the invoice corresponding to the purchase.
The Customer must also include a completed return form. This form is available upon request by sending an email to contact@instinctivetendance.com.
Returns shall only be accepted if the product return procedure is fully complied with by the Customer.
Customers may not exercise their right to retract if the products returned are unfit for resale due, for example, to visible damage or scratch marks on the wood, cork of baize due to use.
Customers who exercise their right to retract may choose between:
- a full refund to the payment card used to place the initial order or, when this is not possible, by cheque; or
- a credit note for use on the www.instinctivetendance.com website.
The Vendor undertakes to refund the Customer within 14 days of receipt of the product(s).
Please note that the right to retract does not apply to products produced at the Customer’s request or which are clearly personalised (their production requires unique adjustments to meet very specific technical and aesthetic requirements).
Return in the event of a retraction
Customers may return the parcel to the following address, using the delivery company of their choice
INSTINCTIVE TENDANCE
12 Quartier du Boudigau
40530 Labenne, France

If the parcel arrives damaged, EFF&DESIGN reserves the right to:
- refuse receipt of the parcel so that the Customer is able to file a dispute with the delivery company,
- accept the parcel with reservations. The Returns team shall inform the Customer of any damage so that the Customer is able to file a dispute with the delivery company.
In all cases, if a returned product is damaged during transport, EFF&DESIGN cannot reimburse the Customer. The Customer must request a refund directly from the delivery company.

9 - Liability, Warranties

All Instinctive Tendance products are covered by a statutory warranty.
Legal warranty of compliance (Article L 217-4 et seq. of the French Consumer Code)
Customers are informed that EFF&DESIGN, based at 12 Quartier du Boudigau, 40530 Labenne, France, is liable for defects with the item sold. When related to the legal warranty of compliance, and as detailed below, Customers:
- have two years from the date of delivery of the item to act;
- may choose between the repair or replacement of the item, subject to conditions of cost provided for in Article L. 217-9 of the French Consumer Code;
- are not required to provide proof of an item’s non-compliance during the 24 months following its delivery.
Customers may decide to enforce the warranty relating to hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, Customers may choose between the cancellation of the sale and a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Under the legal warranty of compliance, if the item ordered by the Customer presents signs of non-compliance upon delivery, EFF&DESIGN, where possible and provided that the Customer’s choice does not generate disproportionate costs, undertakes to either:
- replace the product by an identical product subject to availability; or
- exchange the product for a product of an equivalent price and quality subject to availability; or
- issue a full refund of the price of the product ordered within 30 days of the Customer’s request if the replacement or exchange for an equivalent product is impossible.
An item is considered non-compliant when:
- the item is considered inappropriate for the use normally expected for such an item;
- the item does not correspond to the description provided by the Vendor;
- the item is not of the level of quality stated by the Vendor.
Hidden defects warranty (Article 1641 et seq. of the French Civil Code)
Under the warranty against hidden defects of the item sold, EFF&DESIGN undertakes, according to the Customer’s choice, after assessing the defect, to either:
- fully refund the price paid for the product returned to Instinctive Tendance; or
- refund part of the price paid for the product if the Customer decides to keep it.
To benefit from the hidden defect warranty, the defect must:
- be a hidden defect, i.e. was not visible at the time of purchase;
- have existed at the time of purchase;
- render the item unusable or greatly diminish its use.
Warranty exclusions
Products that have been modified, repaired, integrated or added by the Customer or any person not authorised to do so by the supplier of said product are excluded from the warranty. The warranty does not cover products damaged during shipping or due to their incorrect use.
The warranty does not cover the replacement of consumables.
In case a replacement product is supplied, and as the shades and colour of certain products may vary depending on the manufacturing process and any changes to it over time, EFF&DESIGN cannot guarantee a perfect colour match with the initial delivery.
Product returns
All Product returns are subject to the express agreement of the Vendor. These shall give rise to the repair or replacement of the Product in question, following a quantitative and qualitative verification of the returned Product. The cost and risk of return shall be borne by the Customer if the Product is found to be compliant.
Items must be returned by the Customer in the following condition:
- in their original packaging;
- complete (accessories, instruction manual, etc.);
- undamaged and not degraded;
- accompanied by the relevant original invoice.
Liabilities
EFF&DESIGN cannot be held liable for indirect damage or injury resulting from the purchase of its products.
The Vendor cannot be held liable for the total or partial inability to use the products, due notably to the incompatibility of equipment and this does not constitute a valid reason for any compensation or refund.

10- Customer Services

For any questions or claims relating to Products, orders placed, personal data, the right to retract and the application of warranties, Customers may address their requests to Instinctive Tendance either by post, or by email to the following address:
INSTINCTIVE TENDANCE
Boite Postale41
40530 Labenne, France
e-mail: contact@instinctivetendance.com

11 - Personal data, Data protection, Privacy policy

EFF&DESIGN commits to carefully comply with the French Data Protection Act 78-17 dated 6 January 1978, modified by Law 2004-801 dated 6 August 2004 and by Law 2018-493 dated 20 June 2018, governing the protection of personal data.
In order to comply with the new General Data Protection Regulation (GDPR), we only collect information necessary for the management of our Customer base and which allows us to provide our Customers with information that is adapted to their needs.
Personal data collected from the Customer via distance selling is necessary to allow the Vendor to process Customer orders on the website, and to allow Customers to create their personal user accounts on the website. Information thus provided by the Customer is required, notably, to ensure the correct shipping of products ordered on the website.
It is understood that this data may be transferred to EFF&DESIGN’s subcontractors who are directly involved in the execution of an order and its delivery.
This data may also be used by the Vendor to send Customers, with their prior express agreement, emails and information or newsletters containing news and special offers.
Below is a list of the data collected for this purpose:
- first name, surname, postal address, e-mail address, mobile or landline number
All of this data shall be kept for a period of three years as of the end of the contractual relationship.
Customers have the right to access, modify or delete their personal data.
Upon the creation of a user account, Customers enter their access code (Customer e-mail address) and their password. Customers shall receive email confirmation of the creation of their user account.
Customers may, whenever they choose, access their user account using their access code and password. They may then modify their personal data.
Passwords are private and confidential. Customers shall bear the risk associated with the use of their access codes and passwords. EFF&DESIGN accepts no liability in the event of illegal use.
Customers also reserve the right to refuse to receive information e-mails, either by not consenting upon registration and/or the validation of their order, or by opposing, free of charge, the use of their contact details to send commercial offers.
Customers may submit this request by email to contact@instinctivetendance.com.
All the above data is currently stored with hosting provider OVH, which undertakes to comply with its obligations set out in current regulations and, in particular, in the General Data Protection Regulation (GDPR).
With regard to data relating to credit and debit card numbers, at this time we have chosen the PayZen payment solution.
PayZen by Lyra is PCI DSS certified, a standard which specifically governs the protection of this type of data. This annual certification can be consulted on the https://payzen.eu website
None of this data is stored in the vendor’s systems as no information from the customer’s bank is routed through the www.instinctivetendance.com website.
No information from the customer’s bank is recorded on any public server or on the vendor’s servers.
Archiving of sales agreement following an order
All documents issued or received by a company while performing its business must be retained for a certain minimum period of time. The French Consumer Code requires that the Vendor retain any electronically signed agreements for amounts equal to or more than €120, for a period of 10 years as of the delivery date.
Customers have a right to access this information.

12 – Force majeure

The Vendor shall not be held liable for its failure to perform or late performance of its obligations, as described in these terms and conditions of sale, if this is due to a case of force majeure. In the event of a case of force majeure, the agreement shall be immediately suspended, as soon as the Customer is notified by EFF&DESIGN. Equally, EFF&DESIGN shall inform the Customer of the end of this event and the execution of the agreement shall resume immediately as of the date of this notification.
Any events beyond the control of EFF&DESIGN, which cannot reasonably be anticipated upon the drafting of the agreement, and for which the impact cannot be avoided through the implementation of appropriate measures, and which prevent the performance of its obligation by the debtor shall be considered as cases of force majeure.
In addition to events usually considered by French law as cases of force majeure, it is agreed that the following events shall also be considered in this way to this extent that they may hinder the proper execution of the agreement: fires, storms, flooding, earthquakes, complete or partial strikes — internal or external to the company, company lock-outs, disruption to means of transport or methods of communication, failure of a delivery company, government acts, changes in regulations governing these Terms and Conditions of Sale or the Products.
If such an event should persist beyond a period of one month following the date on which the Customer is notified by the Vendor, the agreement shall be considered as terminated de facto. The Customer shall thus be reimbursed any amounts received by the Vendor before this date.

13- Completeness and validity of the Terms and Conditions of Sale

Should one of the terms of this agreement become null or void due to a change in regulation or a legal decision, the validity of and compliance with the other terms and conditions of sale shall in no way be affected. The applicable terms and conditions of sale shall be those in force at the date of the sale.

14- Applicable law, Disputes, Jurisdiction

All questions relating to the present terms and conditions of sale, together with the sales which they govern, shall be subject to French law to the exclusion of all other laws.
In accordance with the provisions of Articles l. 611-1 and R. 612-1 et seq. of the French Consumer Code governing the amicable settlement of disputes: When a consumer has sent a written complaint to a professional and is not satisfied with the response or has received no response within a period of two months, a complaint may be filed free of charge with the consumer ombudsman. All complaints must be filed with the ombudsman within a maximum of two years following the initial complaint.
EFF&DESIGN is subscribed to the MEDIATION-NET Ombudsman Service with which complaints can be filed directly online at the following address:
www.mediation-net-consommation.com
or by post: MEDIATION-NET Consommation - Parc 2000 – 18 Rue Joe Dassin – 34080 MONTPELLIER - France 
In the event of a dispute, the Customer and the Vendor shall always favour an amicable settlement over legal action.
Moreover, in accordance with the regulation governing the online settlement of consumer disputes, the Customer may use the online ombudsman system provided by the Règlement des litiges en ligne (RLL) platform (online dispute settlement), via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Failing this, the only competent court in the event of a dispute is that of DAX (40), France.