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Consumer terms of sale

Consolidated version dated 15 October 2026

Preamble

These terms and conditions of sale (the Terms) govern online sales of OTIMOX Products to consumers through www.otimox.com (the Website). The Seller is Gioia Diomede EI, a sole trader trading as OTIMOX, at 27 B rue de la Forêt, 45120 Cepoy, France; SIREN 940 864 275; SIRET 940 864 275 00026; Trade and Companies Register, Orléans 940 864 275 (the Seller). Contact: contact@otimox.com; telephone: +33 6 69 96 26 70.

The Products are technical textile accessories designed to hold and mechanically support dogs’ ears for comfort and protection. Their sale includes no promise of healing or therapeutic results. They do not replace veterinary diagnosis, treatment, a care protocol or follow-up. The Seller provides neither veterinary diagnosis nor prescriptions.

The OTIMOX trade mark has been filed with INPI under number 25 5197830. Intellectual property rights are addressed in Article 13. Business sales are governed by separate terms.

These Terms can be accessed, downloaded and saved on a durable medium. The Customer must read and accept them before ordering. The version accepted when the sale is concluded applies to the Order.

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Article 1 Definitions

Customer: an individual who is of legal age and has legal capacity, buying for purposes outside their trade, business or profession, within the meaning of the preliminary article of the French Consumer Code.

Products: technical textile accessories for dogs sold under the OTIMOX trade mark, in standard sizes or made to measure, together with any accessories and instructions.

Order: the purchase of one or more Products on the Website after acceptance of these Terms, carrying an obligation to pay.

Sealed packaging: closed packaging intended to preserve the Product’s integrity until it is opened. Opening it does not, by itself, remove the right of withdrawal; Article 10 applies.

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Article 2 Purpose and scope

These Terms set out the conditions of sale and the parties’ obligations. The contract comprises the Order, its agreed specific terms, the Product’s essential features presented before purchase and these Terms. Expressly agreed specific terms take priority if there is a conflict. Any other variation requires the Seller’s written acceptance.

Before placing the Order, the Customer reviews the essential features, total price, charges, payment and delivery arrangements, Seller’s contact details, right of withdrawal, guarantees and complaints procedure. Acceptance of these Terms does not relieve the Seller of the obligation to provide the information required by law.

Sales are offered from France and governed by French law, subject to applicable mandatory provisions, including those protecting consumers resident abroad, as set out in Article 18.

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Article 3 Acceptance contract formation and evidence

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3.1 Placing the Order

The Customer checks the Products, sizes and options, their contact details and the total price, and can correct mistakes before submitting the Order. They accept these Terms using the checkbox provided, then activate the button expressly indicating an obligation to pay. The contract is formed upon this final confirmation, under Articles 1127-2 of the French Civil Code and L.221-14 of the French Consumer Code, unless payment authorisation is refused and prevents confirmation. The right of withdrawal and other statutory rights remain unaffected.

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3.2 Confirmation and contractual documents

Without undue delay, the Seller sends an email confirmation on a durable medium, including the Order summary, delivery arrangements, accepted Terms and withdrawal form. This confirmation records the sale and does not unilaterally alter the contract already formed.

The essential features presented before purchase and expressly accepted commitments form part of the contract. General information and illustrations of use do not promise an individual outcome for the animal.

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3.3 Evidence and record keeping

Electronic records and data kept under conditions preserving their integrity may be used as evidence in accordance with the law, without preventing the Customer from challenging them or submitting any other admissible evidence.

For contracts concluded electronically with a value of €120 or more, the Seller keeps the contract from its conclusion until delivery, and then for ten years from delivery. The Customer can obtain access by written request, under Articles L.213-1, D.213-1 and D.213-2 of the French Consumer Code.

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3.4 Changes to these Terms

The Seller may amend these Terms for future sales. Later amendments do not apply to Orders already concluded.

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Article 4 Product features and conditions of use

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4.1 Essential features

The description, composition, dimensions, sizes, options and precautions for use are stated in the Product offer. These essential features are contractually binding. Photographs illustrate the Products; slight differences in appearance caused by display settings do not change the agreed features.

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4.2 Choosing fitting and supervising use

Before ordering, the Customer checks the sizing and measuring guidance. The Product must be used for its intended purpose, in accordance with the instructions supplied and the precautions communicated before purchase. In particular, the Customer must:

  • choose a suitable size and fit the Product without excessive pressure or incorrect positioning;

  • actively supervise the animal while the Product is worn and regularly check its fit and the animal’s tolerance;

  • prevent chewing, swallowing, snagging and other misuse, and remove the Product if the animal does not tolerate it or if it is damaged;

  • stop use immediately if there is discomfort, an unusual reaction, irritation or difficulty breathing, and seek veterinary advice where necessary.

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4.3 Occasional use and periods without the Product

OTIMOX is intended for occasional, intermittent mechanical support when the ears need to be held in place. It is not designed for continuous wear. Periods of wear must alternate with periods without the Product, allowing the ears full freedom of movement and natural airflow, in accordance with veterinary recommendations and the animal’s tolerance. These Terms prescribe no universal wearing time or length of break. The Product must not be left on an animal without active human supervision.

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4.4 Limitations and veterinary advice

The Seller guarantees no healing, improvement or stabilisation of a medical condition. Where the animal has an illness, injury or particular sensitivity, or there is doubt about whether the Product should be worn, the Customer seeks veterinary advice before use and follows it. The Customer must not use the Product to replace or independently alter veterinary care.

Misuse, incorrect fitting, unsuitable care or inadequate supervision may make the Customer liable for damage they cause. These circumstances do not automatically release the Seller from responsibility for a Product defect or a failure attributable to the Seller; Article 12 applies.

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4.5 Made-to-measure Products

For a Product genuinely made to the Customer’s personal measurements or specifications, the Customer supplies accurate information and checks the summary of measurements and options before confirming them in writing or during checkout. Production is based on the information confirmed. A measurement or specification error attributable to the Customer does not, by itself, constitute a manufacturing defect if the Product meets the agreed features. The Seller remains bound by information duties, any required duty to advise, and statutory guarantees.

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Article 5 Customer accounts and Order processing

5.1 Accounts and information supplied

An Order may require a Customer account. The Customer provides accurate, current information, protects their login details and promptly reports unauthorised use. They are responsible for consequences directly caused by their mistakes or negligence. Recorded transactions can be checked and challenged in accordance with the law; they are not irrebuttably attributed to the Customer.

5.2 Checks and legitimate reasons for refusal

Before the contract is formed, the Seller may refuse a request for a legitimate reason, including an outstanding unpaid balance, serious indications of fraud, unavailability or an obvious anomaly affecting the offer. Identity and payment checks must be necessary and proportionate.

After the contract is formed, any suspension, cancellation or termination must comply with the law and the rights arising from the sale. The Customer is informed of the difficulty and the action taken. Amounts unduly received or due by way of restitution are refunded within the applicable time limits. These Terms promise the Customer no fixed compensation payment; statutory rights are not excluded.

5.3 Changes requested by the Customer

Any request for a change, including to size or measurements, requires the Seller’s written agreement on feasibility, any additional price and the effect on timing. For genuinely made-to-measure Products excluded from the right of withdrawal, cancellation for convenience after the contract is formed also requires that agreement. These provisions do not restrict the Customer’s statutory rights.

Article 6 Prices availability and Product presentation

6.1 Prices and charges

Prices are stated in euros and are the final price payable, excluding delivery charges disclosed before checkout is completed. The Seller benefits from the French small-business VAT exemption: “TVA non applicable, article 293 B du CGI” (VAT not applicable under Article 293 B of the French General Tax Code). Prices may change for future sales; the price of an Order already concluded cannot be increased unilaterally.

Charges and any conditions for free delivery are displayed before the Order is placed. An electronic invoice is made available to the Customer after the sale is concluded.

6.2 Delivery outside the European Union

For destinations outside the European Union, customs duties, import taxes and local charges not included in the stated price are payable by the Customer where the Customer is liable for them. Their existence is disclosed before purchase, and their amount is provided where it can reasonably be calculated. The Customer completes the formalities falling to them. The Seller remains responsible for its own obligations and shipping documents.

6.3 Availability

Offers are subject to the stated stock or production capacity. If a Product becomes unavailable after the sale is concluded, the Seller informs the Customer. A new delivery period or a different Product cannot be imposed on the Customer. Unless the parties agree to continue the sale, amounts relating to the terminated sale are refunded within fourteen days of termination, without excluding any applicable statutory rights.

6.4 Obvious errors

The Seller may correct an error in an offer before the contract is formed. After formation, a clerical error or a manifestly derisory price is dealt with under the legal rules on contract validity; it does not permit automatic cancellation at the Seller’s sole discretion. Any restitution due following valid cancellation is made in accordance with the law.

6.5 Variations in presentation

Slight variations in visual appearance, finish or packaging may occur without changing the Product’s essential features, agreed dimensions, quality or safety. They do not remove statutory guarantees where the conditions for those guarantees are met.

Article 7 Payment and transaction security

7.1 When payment is due

The total price is payable when the Order is placed, using the payment method offered and selected on the Website. If bank transfer is offered, payment instructions and the payment deadline are communicated before the Order is confirmed; choosing this method does not, by itself, postpone contract formation as defined in Article 3.

The Seller may defer preparation or dispatch until a payment that is due has been received or authorised, subject to applicable mandatory provisions. A payment failure attributable to the Customer may justify suspension of performance where legal conditions are met. Statutory delivery deadlines and remedies remain applicable.

7.2 Payment methods and security

Accepted payment methods are those offered during checkout. The Customer must be authorised to use the selected method. No surcharge is charged on the basis of the payment method.

Online payments are handled by the providers used on the Website. Full card details are entered with the payment provider; information needed to track payments is processed in accordance with the Privacy Policy and accounting obligations. Using a provider does not release the Seller from an obligation or failure attributable to the Seller.

7.3 Fraud and payment problems

Where there are serious indications of fraud or an anomaly, the Seller may request necessary and proportionate supporting documents. A payment refusal, unpaid balance or banking dispute is assessed in light of the actual circumstances; a chargeback does not automatically extinguish the contract.

In the event of non-payment, the Seller may suspend performance where legal conditions are met and seek payment or termination under the ordinary rules of law, after formal notice where required. These Terms impose no penalty or fixed payment-dispute charge on the Customer.

Article 8 Retention of title

The Products remain the Seller’s property until their price has been paid in full. In the event of non-payment, the Seller may seek their return in accordance with the law, without prejudice to permitted recovery action and without obtaining restitution exceeding what is owed. Transfer of risk is governed by Article 9 and is independent of retention of title.

Article 9 Delivery and transfer of risk

9.1 Address and transport

Products are delivered to the address supplied by the Customer. Additional costs actually caused by an incorrect or incomplete address attributable to the Customer may be charged to them with supporting evidence. Any redelivery and its cost are agreed with the Customer before it takes place. Costs arising from the Seller’s errors remain payable by the Seller.

The Seller may appoint a carrier but remains responsible for proper performance of the distance sale under Article L.221-15 of the French Consumer Code, subject to statutory grounds for exemption. The Seller deals with difficulties with the carrier without requiring the Customer to pursue the carrier alone.

9.2 Delivery times and delays

The Seller delivers on the date or within the period stated before the Order is placed. Preparation and transit times must not be confused with the agreed delivery deadline. If no delivery date or period is agreed, delivery takes place without undue delay and no later than thirty days after the contract is concluded, under Article L.216-1 of the French Consumer Code.

In the event of delay, the Customer may suspend payment where legal conditions are met and terminate the contract after requesting delivery within a reasonable additional period that passes without delivery. Termination may be immediate in the cases specified in Article L.216-6, including refusal to deliver or where the agreed date was an essential condition of the contract. Amounts due are refunded within fourteen days of termination, under Article L.216-7.

9.3 Destinations and charges

Available destinations, delivery methods, charges and delivery periods are those offered before the Order is placed. Constraints specific to a destination are taken into account in the stated period; they do not permit a unilateral extension after the sale.

9.4 Transfer of risk

The risk of loss or damage transfers when the Customer, or a third party designated by the Customer other than the carrier offered by the Seller, takes physical possession of the Products, under Article L.216-2. If the Customer appoints a carrier other than those offered by the Seller, risk transfers when the Products are handed to that carrier, under Article L.216-3.

9.5 Receipt and reporting problems

The Customer is encouraged to check the parcel and Products on receipt, refuse a visibly damaged parcel or record specific reservations with the carrier, and promptly inform the Seller with relevant evidence, including photographs. Failing to record reservations or report a problem immediately does not remove statutory rights, including for an apparent defect.

Article 10 Right of withdrawal

10.1 Statutory period

Subject to statutory exclusions, the Customer has fourteen days to notify withdrawal without giving a reason or paying a penalty, under Articles L.221-18 onwards of the French Consumer Code. The period runs from receipt by the Customer or a designated third party other than the carrier; for several goods in one Order delivered separately, it runs from receipt of the last item. The day of receipt is not counted. If the period ends on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

10.2 Made-to-measure Products and sealed packaging

The right of withdrawal does not apply to Products genuinely made to the Customer’s personal specifications or clearly personalised, under Article L.221-28, 3°. This exclusion must be disclosed before the relevant Order is placed. Selecting a standard catalogue size or option does not, by itself, make a Product personalised. The exclusion does not remove statutory guarantees.

Opening the stand-up pouch (doypack) or transport packaging is not enough to exclude withdrawal. The hygiene exception in Article L.221-28, 5° can be relied on only for sealed goods genuinely unsuitable for return for health protection or hygiene reasons once unsealed, where all legal conditions are met and the Customer was informed before purchase. These Terms do not automatically apply that exception to every opened OTIMOX Product; any diminished value is addressed in paragraph 10.4.

10.3 Giving notice of withdrawal

Before the period expires, the Customer informs the Seller through an unequivocal statement, including by email to contact@otimox.com, by post to the address in the Preamble or using the form below. For Orders concluded online, Article L.221-21 also provides for a free withdrawal function on the sales interface, accessible throughout the statutory period. The Seller promptly sends an acknowledgement on a durable medium for a statement submitted through that function.

The Customer keeps evidence that notice was given within the statutory period. Neither the model form nor prior return authorisation is compulsory.

10.4 Returning Products and diminished value

The Customer returns the Products to the Seller at the address in the Preamble without undue delay and no later than fourteen days after communicating withdrawal. The Customer bears the direct return costs. Products must be packaged to protect them during transport; original packaging and items supplied should be returned where possible, without making an intact pouch an automatic condition of the statutory right.

The right of withdrawal does not make the Product available for prolonged use. The Customer may establish its nature, characteristics and functioning. Under Article L.221-23, the Customer is liable for diminished value resulting from handling beyond what is necessary for those checks, provided they were informed of the right of withdrawal.

Prolonged wear, dirt, odours, unsuitable washing or damage may justify a deduction for diminished value where they result from such handling. The amount must reflect the actual loss in value, be explained and supported, including by photographs and evidence; no fixed deduction or refurbishment charge is applied. Opening the packaging or simply finding signs of use does not, by itself, justify refusing all reimbursement and keeping the Product without substantiation.

10.5 Reimbursement and no additional change-of-mind return right

The Seller reimburses amounts due, including the original delivery charge corresponding to the least expensive standard delivery method offered, without undue delay and no later than fourteen days after being informed of withdrawal. Reimbursement may be withheld until the Products are received back or evidence of their dispatch is received, whichever occurs first, under Article L.221-24.

The additional cost of a more expensive delivery method expressly selected by the Customer and direct return costs are not reimbursed. The same payment method is used unless the Customer expressly agrees to another method without charges. Diminished value established under paragraph 10.4 may be taken into account within legal limits, without automatically withholding the full price.

Apart from withdrawal and statutory guarantees or remedies, these Terms provide no additional right to return, exchange or reimbursement for convenience. Any goodwill arrangement requires the Seller’s express agreement.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract and the right of withdrawal applies.

To Gioia Diomede EI, OTIMOX, 27 B rue de la Forêt, 45120 Cepoy, France; contact@otimox.com.

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods:

Goods concerned: ...........................................................................................................

Order number (optional): ...............................................................................................

Ordered on (*) / received on (*): ...................................................................................

Name of consumer(s): ...................................................................................................

Address of consumer(s): ................................................................................................

........................................................................................................................................

Signature of consumer(s) (only if this form is submitted on paper):

Date: ...............................................................................................................................

(*) Delete as appropriate.

Article 11 Statutory guarantees

The business responsible for guarantees is Gioia Diomede EI, OTIMOX, whose postal address, telephone number and email address are in the Preamble. The Seller remains bound by the statutory guarantee of conformity and the guarantee against hidden defects, in accordance with the law. The rights below also apply to made-to-measure Products.

11.1 Statutory information about guarantees

The boxed wording below translates Model A annexed to Article D.211-2 of the French Consumer Code. Conditional references to digital elements do not apply to a textile accessory containing no digital elements.

The consumer has two years from delivery of the goods to invoke the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer need establish only the existence of the lack of conformity, not the date when it appeared.

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Where the sales contract provides for the continuous supply of digital content or a digital service for more than two years, the statutory guarantee applies to that digital content or service throughout the agreed supply period. During this period, the consumer need establish only the existence of the lack of conformity affecting the digital content or service, not the date when it appeared.

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Where applicable, the statutory guarantee of conformity requires the business to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to repair or replacement within thirty days of the request, free of charge and without significant inconvenience.

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If the goods are repaired under the statutory guarantee of conformity, the initial guarantee is extended by six months.

If the consumer requests repair but the seller requires replacement, the statutory guarantee of conformity is renewed for two years from the date of replacement.

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The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund in return for the goods, if:

1° The business refuses to repair or replace the goods;

2° Repair or replacement takes more than thirty days;

3° Repair or replacement causes significant inconvenience to the consumer, including where the consumer ultimately bears the cost of taking back or removing the non-conforming goods, or the cost of installing the repaired or replacement goods;

4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that an immediate reduction or termination is justified. In that case, the consumer is not required to request repair or replacement first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.

The rights described above arise from Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who obstructs implementation of the statutory guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund in return for the goods.

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11.2 Bringing Products into conformity

The Customer chooses repair or replacement in accordance with the law. The Seller may use the other remedy, or refuse to bring the Product into conformity if this is impossible or disproportionate, only in the circumstances specified in Article L.217-12 and through a reasoned decision on a durable medium. Other statutory remedies remain available. The Seller bears the necessary costs of implementing a guarantee that is legally due.

11.3 Wear and damage attributable to use

Guarantees do not cover normal wear or deterioration after delivery attributable to a cause unrelated to a Product defect, including a bite, accident, incorrect fitting, care contrary to the instructions, modification or contact with an incompatible substance. These circumstances must be assessed on their facts; they do not create an automatic exclusion. Statutory presumptions of a defect and rules of evidence remain applicable.

11.4 Requests and Product inspection

The Customer contacts the Seller at contact@otimox.com, describing the defect and relevant Order. The Seller may request useful information and photographs, then provide return and inspection arrangements. Such requests must be proportionate and must not improperly delay a guarantee or require evidence contrary to statutory presumptions. Original packaging is not a condition of the guarantee.

11.5 No additional commercial guarantee

These Terms grant no additional commercial guarantee. Statutory guarantees and contractual commitments expressly made by the Seller remain applicable.

Article 12 Liability and limitations of use

The Seller’s liability is assessed under applicable law, taking into account the alleged defect or breach, the damage and the causal link. The Product does not guarantee control over the animal’s behaviour or a therapeutic outcome. Failure to achieve the hoped-for result does not, by itself, establish a defect or breach.

The Seller may rely on circumstances attributable to the Customer, including a measurement error, misuse, incorrect fitting, inadequate supervision or unsuitable care, to the extent that they actually caused the damage and subject to legal conditions. The animal’s behaviour and a pre-existing medical condition do not, by themselves, provide a general exemption from liability.

For distance sales, the grounds for exemption under Article L.221-15 of the French Consumer Code are the Customer’s actions, the unforeseeable and insurmountable actions of a third party to the contract, or force majeure; the Seller must establish the relevant conditions. Using a carrier or another provider to perform the sale does not provide a general exemption.

No clause removes or reduces the Customer’s statutory right to compensation for damage arising from the Seller’s breach. Statutory guarantees, defective product liability, personal injury, wilful misconduct and gross negligence remain governed by applicable mandatory provisions.

Article 13 Intellectual property

The OTIMOX trade mark has been filed with INPI under number 25 5197830. The Seller’s distinctive signs, text, photographs, instructions and other creations benefit from the applicable protections where the conditions for those protections are met. Partners’ rights are reserved.

A patent application has been filed for the Product. This filing is not presented as an already granted patent; protection applies within the scope of the titles and rights actually available. Reproduction, imitation or use infringing those rights is prohibited, subject to statutory exceptions.

Purchase permits use of the Product but transfers no intellectual property rights and grants no permission to reproduce or exploit protected elements. The Customer must not create confusion with the Seller, claim to be an authorised distributor without permission or use the trade mark for products that are not genuine. These provisions do not prevent lawful use or resale of a genuine Product. The Seller may take action to stop infringement and obtain compensation.

Article 14 Personal data

Data needed for Orders, payments, delivery, complaints and legal obligations is processed on the legal grounds stated in the Privacy Policy available on the Website. Acceptance of these Terms does not constitute blanket consent to processing requiring separate consent, including certain advertising uses or cookies.

The Privacy Policy sets out the purposes, recipients, retention periods and arrangements for exercising rights. The Customer may exercise rights applicable to their circumstances, including access, rectification, erasure, objection, restriction and portability, by contacting contact@otimox.com. They may complain to a competent supervisory authority, including CNIL.

Article 15 Force majeure

Force majeure is assessed under Article 1218 of the French Civil Code: the event is beyond the obligor’s control, could not reasonably have been foreseen when the contract was formed, and has effects that cannot be avoided by appropriate measures, preventing performance. A strike, shortage, supplier failure, IT incident or transport delay is not automatically force majeure.

The Seller informs the Customer within a reasonable time of the impediment and its consequences. A temporary impediment suspends the affected obligations unless the delay justifies termination; a permanent impediment leads to termination in accordance with the law. Exemption covers damage directly caused by an event meeting the legal criteria. Restitution obligations and mandatory delivery rights remain applicable; where termination falls under Article L.216-6, reimbursement is made within the period set by Article L.216-7.

Article 16 Business purchases

These Terms apply only to purchases for non-business purposes. Purchases for a business activity, including veterinary practice, veterinary use or resale, are governed by the B2B terms supplied and accepted before the sale, subject to any applicable mandatory provisions.

The Seller may request information needed to check the buyer’s status. A VAT number, business account or veterinary practice address is an indication and does not automatically remove an individual’s consumer status for a private purchase. The applicable rules depend on the actual purpose of the purchase; B2B terms cannot be substituted unilaterally after the contract is formed.

Article 17 Complaints and consumer mediation

Complaints may be sent to contact@otimox.com or the postal address in the Preamble, with information useful for dealing with them.

After a prior written complaint to the Seller has failed to resolve the dispute, the Customer may refer it free of charge to the consumer mediator covering the Seller, under Articles L.612-1 and L.612-2 of the French Consumer Code, including within one year of the written complaint:

CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
Email for referrals: declarer-un-litige@cm2c.net
Online referral: https://www.cm2c.net/declarer-un-litige.php

Mediation is optional for the Customer. It does not prevent proceedings before a competent court in accordance with the law; these Terms do not make a complaint or mediation a compulsory prerequisite to all court proceedings.

Article 18 Governing law and disputes

The contract is governed by French law. This choice does not deprive a consumer of mandatory protections under the law that would apply without that choice, including the law of their habitual residence where the conditions of Article 6 of the Rome I Regulation are met.

The Terms are drafted in French. A translation cannot be used to disregard contractual information communicated to the Customer or mandatory requirements of clarity and protection applicable to them.

Disputes fall within the jurisdiction of the courts determined by the applicable rules. In particular, the Customer may bring proceedings before a court with territorial jurisdiction under the French Code of Civil Procedure, or the court for the place where they lived when the contract was formed or the event causing damage occurred, under Article R.631-3 of the French Consumer Code, without prejudice to applicable European rules.

If a clause is declared void or inapplicable, the other provisions remain in force in accordance with the law. An unfair term is treated as unwritten. The Seller’s failure to exercise a right at a particular time does not waive the right to exercise it later.

Article 19 Extended producer responsibility

For the French household packaging scheme, the Seller is registered with Adelphe under extended producer responsibility. The unique registration number allocated by ADEME is FR489748_01TCNQ, under Article L.541-10-13 of the French Environmental Code.

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