General Terms and Conditions of Sale
ARTICLE 1
These General Terms and Conditions of Sale are established between the kennel "Élevage du Royaume des Cerbères," hereinafter referred to as the "Seller," And: Any legal entity or individual wishing to acquire a dog, whether free of charge or for a fee, hereinafter referred to as the "Buyer." Collectively referred to as the "Parties." The Buyer acknowledges having been informed of these General Terms and Conditions of Sale and accepts them without reservation. General terms and conditions applicable as of May 30, 2024. These supersede and replace any previous versions, where applicable.
ARTICLE 2 - PRICING
Puppy prices vary based on several criteria and will be provided upon request prior to the sale. The Buyer agrees to the price prior to making any reservation. Prices are quoted in euros, exclusive of VAT, pursuant to Article 293 B of the General Tax Code (CGI).
ARTICLE 3 - RESERVATION
A detailed reservation form is drawn up—prior to the receipt of the deposit—specifying the contact details of the Buyer and the Breeder, the characteristics of the selected puppy or dog, the selling price (inclusive of all taxes), and the estimated date of departure from the kennel. Should the reserved puppy become unavailable for sale for any reason, the deposit will be transferred to another puppy from the same litter (or the next litter, if possible) or refunded, as appropriate. The kennel reserves the right to refuse remote reservations and may require the Buyer to visit the kennel in person before making a reservation. Deposit amount: To be valid, any reservation requires the payment of a deposit of €350 (net of VAT, pursuant to Article 293 B of the CGI). This amount constitutes the initial payment towards the selling price. The method and terms for paying the balance will be specified in the sales agreement and invoice. Payment of the deposit: The reservation deposit may be paid in cash, by money order, or by bank transfer, either remotely or on-site at the breeding facility. Definition of the deposit: A sum paid by the buyer in exchange for a reservation granted by the seller for an order. The buyer may withdraw from the sale, in which case they forfeit the deposit amount. The seller may withdraw from the reservation by refunding double the amount of the deposit paid by the buyer. Processing the deposit: For safety reasons (health, puppy development), the breeder may decide not to cash the deposit check immediately, in order to ensure the desired puppy is in good health. If the puppy is fit for sale and the buyer changes their mind after the reservation form has been drawn up, the breeder will then cash the deposit, which is retained by the breeder (Article 1590 of the Civil Code). Reservation conditions: To be valid, any reservation is subject to certain conditions; the breeder may require an in-person meeting and will issue a reservation form following payment during the visit.
ARTICLE 4- DELIVERY
A puppy shall not leave the facility before the age of 8 weeks; it must be duly dewormed and vaccinated, deemed fit in terms of behavior and health, and sufficiently independent regarding feeding to leave the breeding facility. As of October 1, 2022, any prospective dog owner (whether acquiring the dog for a fee or free of charge) must possess a duly signed "certificate of commitment and knowledge" at least 7 days prior to acquisition, in accordance with Articles L214-8 V and D214-32-4 II of the Rural and Maritime Fishing Code (Decree No. 2022-1012 of July 18, 2022). We, as well as a veterinarian, are authorized to issue this certificate during an in-person visit. Delivery arrangements: Puppy delivery takes place exclusively at the kennel, following the signing of the sales agreement and the buyer's acceptance of the terms of sale; the buyer must provide the aforementioned certificate of commitment and knowledge. The buyer may delegate this delivery to a third party via a written and signed power of attorney; said third party must collect the puppy in person.
ARTICLE 5 - PRICE, PAYMENT, and PAYMENT METHOD
The price is variable (Art. 2) and becomes fixed at the time of reservation. Only a defect identified during the animal's growth or at the time of delivery—and clearly disclosed to the buyer, including its consequences—may justify a price reduction relative to the standard rate. Payment: The agreed price and the balance due must be paid in full on the day of delivery, unless expressly agreed otherwise by the breeder. In the latter case, payment of the price must be completed within 90 days of the delivery date. The balance may be split into a maximum of three installments. Any applicable additional fees must be paid in full no later than the day of delivery. In accordance with Article 6, the animal remains the property of the seller until the agreed price and any additional fees have been paid in full. Within one week, the breeder will process the transfer of ownership/keeper details with the I-CAD registry. Payment Method: Payment may be made by bank check, money order, bank transfer, or cash. For payments made by bank check, two different forms of identification and proof of address dated within the last three months will be required.
ARTICLE 6 - RETENTION OF TITLE (Law No. 80-335 of May 12, 1980)
The buyer acknowledges having been informed and agrees that, regardless of the payment method, the breeder retains ownership of the puppy or dog being sold until the full agreed amount has been received and cleared; the transfer of ownership is conditional upon such receipt of payment. In exchange for immediate possession of the animal—for which the breeder has not yet received payment—the buyer, as the new holder, assumes full liability during this period for any risks of loss, theft, accident, death, or illness affecting the animal, regardless of the cause (including fortuitous events or *force majeure*), with the exception of redhibitory defects covered by the statutory recourse periods set forth in the Rural Code (Articles L.312-1 to 4 and R.213-2 to 7).
ARTICLE 7 - SUPPORT
On the day the puppy is delivered, the buyer will be provided with the following documents: * A vaccination record signed by the veterinarian, covering CHPPi at 2 months, followed by CHPPiL at 3 and 4 months. Any other types of vaccinations are the buyer's responsibility. * Certificate of good health issued by a veterinarian (not mandatory for a professional breeder) * Microchip identification certificate issued by the I-CAD organization * Sales and warranty agreement and invoice * A breeder’s information sheet containing various details regarding the puppy's needs and maintenance costs * DNA genetic certificates for the parents; the buyer is responsible for arranging the puppy's DNA testing, including parentage verification * Birth certificate or, failing that, the declaration of the litter's registration with the LOF (French Stud Book) including the SCC file number * In the event of payment by installments, the birth certificate will be sent to the buyer by the breeder only after the full agreed sale price has been received * A supply of the kibble used by the breeder
ARTICLE 8 - INTENDED USE
Unless otherwise specified, the buyer agrees that the puppy is sold as a pet; this excludes any guarantee regarding LOF breed confirmation for breeding or competition purposes of any kind (see Article 10, §3).
ARTICLE 9 - STATUTORY WARRANTIES
The sale is governed by Articles L.213-1 et seq. (and, regarding regulatory provisions, Articles R.213-2 et seq.) of the Rural Code, Articles 1641 et seq. of the Civil Code, and the Consumer Code. On the day of the transfer, the breeder shall provide the buyer with a summary sheet detailing the provisions of the Rural Code concerning redhibitory defects, legal remedies, and time limits. Prior to taking any legal action—and in the event that mediation fails—the buyer undertakes to ensure that their veterinarian informs the seller’s veterinarian in writing and transmits all diagnostic data and findings to them. The animal must, as far as reasonably possible, be kept alive so that any counter-assessment ordered by the Court or requested by the seller may be carried out. The buyer may not be exempted from this obligation. Any medical intervention or euthanasia not justified by a life-threatening prognosis and to which the seller has not given written consent shall *de facto* release the seller from all warranty obligations. In the event of the animal's euthanasia or death, the carcass must be preserved to allow for a second expert opinion—ordered by the Court or requested by the seller—in accordance with the Order of August 22, 1990. Finally, given that from the day of delivery the breeder can neither influence nor rectify errors in care, feeding, rearing, or training attributable to the buyer, the parties agree that the sale subject to this agreement carries no guarantee regarding LOF confirmation at 12 months of age or success in competitions for a puppy that the buyer has nonetheless acknowledged as conforming to the breed standard. The buyer acknowledges having been informed and expressly agrees that: Even if the acquired puppy's parents are free from disease and have received regular veterinary check-ups, it is the buyer's responsibility to have the puppy examined and to take specific precautions during its growth period up to 12 months of age: * No long walks (daily outings of 10 to 20 minutes up to 6 months, and 20 to 40 minutes between 6 and 12 months), * Avoid letting the puppy gallop, * No jumping. No going up or down stairs. No rough play with other dogs. * Avoid excess weight and feed the puppy according to the portions recommended by the breeder, * No snacking or free-feeding (ad libitum access to food). The buyer further expressly agrees with the seller that no claim on their part shall be admissible in the absence of a prior joint examination with the seller's veterinarian and the personal submission—in addition to digital X-rays taken immediately upon the appearance of suspicious signs—of monthly weight records certified by a veterinarian since the puppy's acquisition, even if excess weight was allegedly not an external factor responsible for the dog's condition. Warranty limitations: Only major health issues of a congenital or hereditary nature that are life-threatening, as well as severe behavioral issues that endanger people, are covered—provided they are not attributable to living conditions or training received after leaving the kennel and fall within the statutory time limits. Any other issue—whether minor, having little or no impact on ownership/keeping, resulting from the buyer's choices (to whom the risks of care, rearing, and training are transferred), or unforeseeable despite precautions taken regarding parent selection and measures implemented for the puppy's proper physical and behavioral development—cannot be attributed to the seller, nor can the seller be held liable for it. The buyer acknowledges this and accepts the associated risk, whether it is inherent to the breed, the canine species, or living beings in general, or linked to their own choices regarding care, rearing, and training. In the event of a major issue compromising the dog's intended use, it is the buyer's responsibility to prove that their choices regarding care, rearing, and training were not detrimental and that the seller's recommendations were strictly followed; Failing this, the transfer is governed exclusively by the provisions of the Rural Code relating to the sale and exchange of domestic animals, and the animal is warranted only against the diseases and conditions stipulated in Articles L.213-1 to L.213-9 and R.213-2 to R.213-8 of the Rural Code. Consequently, barring the application of the provisions of Article L.213-3 et seq. or any specific conditions that may have been stipulated, the seller shall not be liable for any warranty, price reduction, or refund.
