General terms and conditions of sale - HORSE SPIRIT
Article 1: Purpose
The present terms and conditions of sale aim to define the contractual relationship between Equinotex Groupe SAS and the Client, as well as the conditions applicable to any purchase made via the Horse Spirit website. The purchase of a product through the Horse Spirit website implies the Client's unreserved acceptance of these general terms and conditions of sale, which prevail over all other existing conditions and may be modified at any time without prior notice. However, any modifications are not attributable to products purchased prior to their implementation. In the event that one of the stipulations of these general terms and conditions of sale is considered null and void due to a change in regulations, legislation or a final court decision, the other stipulations shall remain valid and shall retain their full scope. It is specified that the Horse Spirit website is intended for consumers only and that any professional should contact the Horse Spirit sales department (firstname.lastname@example.org) to benefit from specific contractual conditions.
Article 2: Product characteristics
The products presented on the Horse Spirit website are offered within the limits of available stocks. Each product is described in detail according to the information provided by the supplier. The information relating to the size and weight of the products is given as an indication (the units of measurement inch and ounce are approximately transposed into units of cm and gram). The photographs in the catalogue are intended to be as accurate as possible, but cannot ensure a perfect similarity with the product offered, particularly with regard to colours and shades. As such, all visuals proposed by the Horse Spirit website are non-contractual.
Article 3: Guarantee
The products sold on the Horse Spirit website are covered by the legal guarantee provided by articles 1641 et seq. of the French Civil Code, the legal guarantee of conformity in accordance with articles L211-4 of the French Consumer Code and supplier guarantees. The Customer wishing to assert his rights must inform Equinotex Groupe SAS of the existence of defects by registered mail with acknowledgement of receipt, within the time limits stipulated in article 1648 of the French Civil Code and articles L211-12 of the French Consumer Code, failing which the Customer will be deprived of any action relating to the defect.
Article 4: Prices
The prices listed in the catalogue are prices including VAT in Euro, taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Horse Spirit reserves the right to modify the prices displayed on the Horse Spirit website at any time without notice or justification. However, it is understood that the price shown in the catalogue on the day of the order will be the only price applicable to the Client. In the event of a gross error in the price displayed, Horse Spirit undertakes to adjust the amount due to the Client and conversely, the Client undertakes to adjust the amount due to Horse Spirit. The prices indicated do not include the costs of processing and delivery of orders. These costs are established according to the weight of the purchases made by the Client, the delivery method and the country of delivery chosen by the Client, according to the options proposed by the Horse Spirit website.
Article 5: Payment
The amount of any order placed on the Horse Spirit website must be paid according to the following methods:
- By credit card: Carte Bleue, Visa, Mastercard. This secure payment solution is hosted by BNP Paribas, which uses the reinforced 3D SECURE security protocol.
- By bank or postal cheque payable to Equinotex Groupe SAS, 14 rue Joseph Déchelette, 42 300 Roanne. The order will only be processed from the day the cheque is cashed. Horse Spirit reserves the right to cancel any order for which payment has not been received within seven days of the order.
- By bank transfer to Horse Spirit, whose bank details are only available on request: email@example.com. The order will only be processed from the day of receipt of the transfer and Horse Spirit reserves the right to cancel any order for which payment has not been received within seven days of the order. It is reminded that Equinotex Groupe SAS remains the exclusive owner of the product until the complete payment of any order. Equinotex Groupe SAS also reserves the right not to honour an order placed by a Customer who has not paid in full or in part for a previous order, or who is the subject of an ongoing payment dispute. Finally, if due to an opposition, a refusal or for any other reason, the transmission of the amount due by the Customer proves impossible, the order is cancelled and the sale automatically terminated.
Article 6: Orders
The Client wishing to purchase a product on the Horse Spirit website must:
- Create a personal space on the Horse Spirit website by following the online registration procedure. Customers who already have a personal space on the Horse Spirit website must simply log in.
- Fill the shopping basket online by choosing the products and adding them to the basket.
- Check the contents of the basket and make any changes before finalising the order. The validation of the order formalises the sale between Horse Spirit and the Client. Horse Spirit shall not be held responsible for any error in the Client's data entry and the consequences on the product delivered.
- Make payment according to the chosen method of payment and the conditions provided, which implies acceptance of these conditions of sale, recognition of having perfect knowledge of them and renunciation of the right to invoke one's own conditions of purchase or other conditions.
- Retain the confirmation of the order sent by email by Horse Spirit All the data provided and the recorded confirmation are considered proof and acceptance of the transaction. Finally, Equinotex Groupe SAS reserves the right to refuse any payment made with a card from abroad, the payment of which is not ensured by the 3D SECURE protection system.
Article 7: Delivery
The delivery service is provided at the address indicated by the Customer in the order form. The risks are borne by the Customer from the moment the order leaves the premises of Equinotex Groupe SAS. In case of damage during transport, the Customer must make handwritten reservations on the delivery note and sign it. The Customer must also make a reasoned protest to the carrier within a maximum of two days by registered letter with acknowledgement of receipt. Delivery times are given as an indication by the transport service providers without being guaranteed by them, and in no case by Equinotex Groupe SAS. However, in accordance with the Hamon Law in force, the delivery must take place within 30 days of the order.
Article 8: Withdrawal and returns
In accordance with article L. 121-20 et seq. of the French Consumer Code, the Customer has the right to return a product to Equinotex Groupe SAS within fourteen calendar days from the date of delivery of the order, for an exchange or a refund without penalty. The Customer may not return a product without first notifying Equinotex Groupe SAS by e-mail (firstname.lastname@example.org). Equinotex Groupe SAS will then inform the Customer of the return procedure and will give him a file number. The product returned by the Customer must be new, unused, in its original condition and in its unopened original packaging. If the reason for the return is due to a processing error by Equinotex Groupe SAS, the Customer will be reimbursed for the cost of the return in the form of a credit note, bank cheque or bank transfer, within a maximum of 14 days. The right of withdrawal does not apply in the case of items personalised at the request of the customer.
Article 9: Liability
In the online sales process, Equinotex Groupe SAS is only bound by an obligation of means. Therefore, Equinotex Groupe SAS cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service failure, the cost of the means used or any other problem inherent to the use of the Web.
Article 10: Force majeure
Equinotex Groupe SAS cannot be held responsible for any failure to fulfil its contractual obligations resulting from force majeure or unforeseen circumstances such as strikes, fires, floods, natural disasters, or terrorist attacks, this list not being exhaustive.
Article 11: Intellectual Property
The entire content and elements of the Horse Spirit website, including the underlying technology, remain the exclusive intellectual property of Equinotex Groupe SAS, and are protected by copyright, trademark and patent law. Any reproduction, exploitation, redistribution or use, be it complete or partial, of the elements of the website is forbidden, except with the written authorisation of Equinotex Groupe SAS. This authorisation is systematically temporary and suspended at the time of the request of Equinotex Groupe SAS. Furthermore, any simple link or hypertext link using techniques such as framing or in-line linking is strictly forbidden without the temporary written consent of Equinotex Groupe SAS. The Horse Spirit trademarks and the horse-spirit.fr domain name are registered and protected. Any attempt to reproduce or use them is strictly forbidden and governed by the Intellectual Property Code.
Article 12: Personal data
In accordance with the French law n°78-17 of January 6, 1978, relating to data processing, files and freedoms, the Customer has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. The Customer may exercise this right by sending an e-mail to email@example.com or by sending a letter to Equinotex Groupe SAS, 14 rue Joseph Déchelette, 42 300 Roanne. Equinotex Groupe SAS does not transmit any data or information to third parties.
Article 13: Archiving
Horse Spirit shall archive orders in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Article 14: Dispute resolution
The present general conditions of online sale of products are subject to French law. In the event of a dispute, notwithstanding multiple defendants or the introduction of a guarantee, the Tribunal d'Instance de Roanne (42 300) shall have sole jurisdiction.
Finally, the computerised registers of the Horse Spirit website shall be considered by the parties as proof of orders and transactions between the parties.