1. Definitions

 

“Account”: Any account created on the Website.

 

“Customer”: Any individual or company placing an order on the Website or the MarketPlace.

 

“GTC”: The present General Terms and Conditions of sale.

 

“MarketPlace”: The marketplace managed by Paws Avenue through its Website and which usage is provided to selected third-party service and/or good providers.

 

“Paws Avenue”: Paws Avenue SA, registered with the Geneva Registry of Commerce (CHE-221.238.755), Rue Neuve-du-Molard 19, 1204 Geneva.

 

“Website”: Paw Avenue’s e-commerce website (www.4pawsavenue.com).

 

2. Scope of validity

 

By accessing and using Paws Avenue’s e-commerce Website or the related MarketPlace, you agree to be bound by these GTC. If you do not agree to all the terms and conditions, you must not use and place orders on the Website or the related MarketPlace.

 

3. Validity and modifications of the general terms and conditions

 

3.1. The provisions of the GTC and the Website’s privacy policy reflect the full and exclusive agreement of the parties.

 

3.2. In the event that any provision of the GTC, or any part thereof, is deemed invalid, unlawful, or ineffective under Swiss law, the remainder of the GTC shall remain valid and in force.

 

3.3. The parties to the GTC do not intend to confer any rights or benefits to any third party not party to the GTC, and no third party shall be entitled to rely on the GTC or any of its provisions as a beneficiary thereof.

 

3.4. Customers will be subject to the GTC in force at the time where goods are ordered.

 

3.5. Paws Avenue reserves the right to make changes to the Website and amend these GTC at any time. The revised version will be effective at the time of posting on the Website. Customers are advised to review the GTC regularly.

 

4. Products and Orders

 

4.1. Paws Avenue offers a variety of dog food, snacks, treats, clothing, and accessories for sale through the Website. It also offers access to its Customers to services provided by selected third-party provider through the MarketPlace.

 

4.2. Paws Avenue reserves its right to refuse particularly large orders, exceeding a standard amount. Such refusal shall be notified to the Customer with the contact details provided by the latter at the time of the order.

 

4.3. Paws Avenue is not liable for any failure to perform its obligations due to force majeure, meaning for circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosions, floods, epidemics and pandemics, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), accidents, factory breakdown, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and seizure or other action by or compliance with an order of an apparently competent authority.

 

5. Prices and Payments

 

5.1. All prices are set in Swiss Francs (CHF) and include Swiss Value Added Tax (VAT), as modified from time to time. Any other services are not included in the price and are charged separately, including without limitation shipping costs, personalization, installation, disposal, warranty extensions and insurance. Such additional fees are listed separately in the Customer’s shopping cart and on the invoice.

 

5.2. Paws Avenue reserves the right to change the prices at any time. The modification of prices does not affect the orders placed by the Customer prior to the modification.

 

5.3. All purchases for goods or services made through the Website or the MarketPlace shall be due by the Customer to Paws Avenue directly. Any claim resulting from goods or services offered by a third-party provider shall be assigned to Paws Avenue. The Customer acknowledges and approves such assignment, agreeing to make respective payments to Paws Avenue directly.

 

5.4. Payment can be made through the provided payment methods on the Website or the MarketPlace upon checkout of the purchases. For payments made by credit card or other instant payment method, the amount is debited at the time of order. Such payments may be subject to fees from the payment method provider.

 

5.5. Paws Avenue takes utmost care to ensure the security of banking details provided by Customers during transactions. All transactions are processed through secured and encrypted channels.

 

5.6. All ordered goods remain the property of Paws Avenue (or of the third-party provider) until payment is received in full and goods are remitted to the carrier (where applicable). Paws Avenue (or the third-party provider) is entitled to make an entry in the register for reservation of ownership where applicable. Without the express consent of Paws Avenue, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership of the goods.

 

6. Shipping and Delivery

 

6.1. Deliveries are made exclusively in Switzerland and the European Union.

 

6.2. The Customer is responsible for providing accurate shipping information.

 

6.3. The costs of delivery are established by the carrier and subject to the latter’s terms and conditions. Any delivery cost estimation provided upon placing the order on the Website or the MarketPlace are indicative, and Paws Avenue makes no representation or warranty in this respect.

 

6.4. Customers are informed of their order placement by means of an automatically generated order confirmation sent to the e-mail address provided by the Customer when placing the order. The receipt of the automatically generated order confirmation does not constitute a commitment by Paws Avenue that the goods or services will be delivered. It solely notifies the Customer that the placed order was received and a contract was therefore concluded with Paws Avenue (or the third-party provider) under condition of deliverability and correct price quotation notably.

 

Together with the confirmation of the order, the Customer is either provided with package tracking information and/or a provisional delivery date, alternatively the Customer is contacted so that an individual delivery date can be arranged.

 

6.5. Goods or services purchased from a third-party provider can only be shipped to the Customer and cannot be collected with Paws Avenue.

 

6.6. Risk of loss and title for items purchased pass to the Customer upon delivery of the goods to the Customer or the carrier (where applicable).

 

6.7. The delivery of goods is subject to availability. Paws Avenue will make every effort to deliver orders within the specified timeframes. However, it shall not be held be liable for any delays.

 

Any indication of specific delivery dates and times by Paws Avenue is subject to availability and to being supplied correctly and on time by its suppliers and manufacturers.

 

For items that need to be ordered from suppliers, Paws Avenue will communicate estimated delivery times, but these times are indicative and subject to change. Paws Avenue bares no liability for any damages which may result from a delay in delivery.

 

6.8 Should the Customer refuse to accept the ordered goods on the arranged or provided delivery date or location, Paws Avenue may withdraw from the contract (cancellation) and charge the Customer for the delivery costs and any loss of value.

 

7. Defects

 

7.1. Upon receipt of the delivery, the Customer must immediately inspect the delivered or collected goods for correctness, completeness and potential transport damage. If the delivery is carried out by a third-party carrier, the Customer must state the defect on the delivery note.

 

7.2. The Customer shall inform Paws Avenue of any defective, or false or incomplete delivery immediately after detection thereof and at the latest within five (5) calendar days after receipt of the delivery/collection. This also applies to products and services delivered by third-party providers.

 

7.3. The notice must be given via email to Paws Avenue at the address provided in the GTC.

 

7.4. The Customer must retain the goods in the condition it was delivered in and may not use them. The Customer must follow the instructions for return as provided by Paws Avenue.

 

8. Returns and Refunds

 

8.1. Paws Avenue (and the respective third-party provider) guarantees the right to return purchased goods under the conditions and exceptions listed in the present GTC.

 

8.2. Returns are accepted within fourteen (14) days of receiving the order.

 

8.3. The Customer must notify the return of goods by email to Paws Avenue who will provide return instructions.

 

8.4. Goods must be returned in their original condition and packaging, together with all accessories.

 

8.5. Food, treats, as well as seasonal or personalized / customized items cannot be returned. Also, damaged or opened goods cannot be returned (with the exception of returns directly related to security and quality investigations). In such cases, the goods will be fully invoiced to the Customer.

 

8.6. The assessment of the returned goods’ condition, and respectively the acceptance of the return, remains at Paws Avenue’s sole discretion.

 

8.7. Subject to paragraph 8.6 above, Paws Avenue will refund the purchase price for returned goods, excluding shipping costs.

 

9. Product Information

 

9.1. Paws Avenue strives to provide accurate good and service information, but does not guarantee the accuracy, completeness, or reliability of any such descriptions. Colors and sizes may vary from the images displayed on the Website or on the MarketPlace. Goods’ images used in any way by Paws Avenue (or by the third-parties present on the Website or the MarketPlace) are for illustration purposes only and are not binding. For goods’ information, the manufacturer’s specifications are binding, to the exclusion of any others provided on the Website or MarketPlace.

 

9.2. If a product offered by Paws Avenue does not match the description, the sole remedy is to return it unused. The return conditions under paragraph 8 above are reserved.

 

10. Referral and Discount Codes

 

10.1. Paws Avenue encourages referrals from veterinary clinics and other advertising partners. Such marketing partners may be remunerated by Paws Avenue based on the Customer business directly generated by their advertising services.

 

10.2. Referrers, such as vet clinics, may offer discount codes to their clients, which can be applied on the Website or the MarketPlace by the Customer.

 

10.3. Paws Avenue reserves the right to limit or cancel at any time the use of discount codes and promotions at its discretion.

 

10.4. The Website contains links to external, third-party websites. Paws Avenue holds no responsibility for any services or products provided by partner veterinary clinics or other entities promoted on the Website through discounts or referrals.

 

11. Subscription Services

 

11.1. Scope

 

Paws Avenue offers subscriptions that allow Customers to receive certain items weekly or monthly. The price is indicated on the Website.

 

11.2. Duration and termination

 

11.2.1. The minimum duration of the subscription is two (2) weeks. The subscription is tacitly renewed for a period of the same duration at the end of each term, as specified during the subscription setup.

 

11.2.2. The Customer may terminate his/her subscription at any time from the account set up on the Website. The subscription expires at the end of the period in progress at the time of termination.

 

11.3. Payment

 

11.3.1. Customers will be charged automatically unless the subscription is terminated before the renewal date.

 

11.3.2. In the event of non-payment of the subscription, it will be suspended without prior notice from Paws Avenue until the amount due is paid.

 

12. Loyalty Program

 

12.1. Paws Avenue presents a loyalty program allowing Customers to accrue points based on their purchases made on the Website.

 

12.2. This program operates on a tiered system, offering varying benefits according to Customer status levels.

 

12.3. The loyalty program allows Customers to earn points for every purchase made on the Website. The status is displayed in the Customer’s account accessible on the Website.

 

12.3. Customers can redeem accumulated loyalty points and use them towards their purchases in accordance with the program details available on the Website. Accumulated points are non-transferable and cannot be converted into cash.

 

12.4. Paws Avenue reserves its right to adjust or terminate the loyalty program at its discretion, with any modifications being communicated through the Website.

 

13. Gift Boxes

 

13.1. Paws Avenue offers the option to purchase gift boxes for different budgets, as displayed on the Website.

 

13.2. Gift boxes will be personalized based on the information and preferences provided by the Customer during the ordering process.

 

13.3. Paws Avenue will make every effort to meet the Customer’s preferences when curating personalized gift boxes.

 

14. Recommendations and Personalisation

 

14.1. To personalize the Customer’s experience, the Website offers customized suggestions of goods and services based on the dog’s profile, including information such as breed, weight, neutering status, etc.

 

14.2. Customers have the option to adjust or opt-out of personalized suggestions through their account settings on the Website.

 

14.3. Paws Avenue shall not be held responsible for the accuracy, suitability, or outcome of the suggested items in personalized offers. These suggestions are based on the Customer’s input parameters and overall general use of the Website.

 

14.4. Customers are encouraged to review and verify the suggested items before making an order.

 

15. Data Protection

 

15.1. Paws Avenue collects, processes, and stores personal data only to the extent necessary to provide its services, for the security of operations, for invoicing, and to manage and maintain customer relationships, namely, to ensure a high quality of service.

 

15.2. By using the Website, Customers consent to the collection and secure storage of their information as outlined in our Privacy Policy.

 

15.2. The information collected during the ordering process, including banking details, will be securely stored, and used for processing orders and improving Paws Avenue’s services.

 

15.3. Paws Avenue will not disclose Customer’s personal information, including banking details, to third parties without prior consent, except as required by law.

 

16. Contact Information

 

Paws Avenue SA
Rue Neuve-du-Molard 19
1204 Geneva
Switzerland
info@4pawsavenue.com

 

17. Miscellaneous 17.1. The GTC are translated in various languages accessible to the Customer. For interpretation purposes, the English language shall prevail.

 

17.2. The rights, duties and obligations under the GTC may not be assigned by either party without the prior written consent of the other party.

 

18. Applicable law and jurisdiction

 

18.1. These GTC shall be governed by Swiss law, to the exclusion of the Private International Law Act. The Vienna Convention on the international sale of goods does not apply.

 

18.2. Any dispute arising out of or in connection with these GTC shall be submitted to the exclusive jurisdiction of the courts of Geneva, Switzerland, without prejudice to an appeal before the Swiss Federal court.