General Terms & Conditions of Sale
Please read the terms & conditions prior to purchasing goods
Handsome Horse France is a trade name for Samantha Swift EI, Siret number 831 414 164 00010
15 Chez Touraud
email : firstname.lastname@example.org
Tel : 07 55 47 57 27 (english spoken)
registered with RCS Poitiers 831414164
This website has been created by Handsome Horse France.
Handsome Horse France (hereinafter "SELLER" "HHF") markets on the website www;handsomehorsefrance.com platform (hereinafter the "SITE" products in relation to the equestrian sports and leisure.
These general conditions of sale apply to any purchase that you make as a natural person (hereinafter the "CUSTOMER" "CLIENT" or "YOU" on the SITE from the SELLER
Any order place on the site necessarily implies the unreserved acceptance by the customer of these general conditions of sale.
Article 1 - DEFINITIONS
The terms used below have in these general conditions of sale the following meanings
* "CUSTOMER" refers to the sellers contracting partner, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided the the "CUSTOMER" acts outside any usual or commercial activity.
* "DELIVERY" refers to the first presentation of the PRODUCT(S) ordered by the CUSTOMER at the delivery address indicated when ordering
* "PRODUCT(S)" refers to all products available on the SITE
* TERRITORY" refers to all the countries of the world in which the SELLER makes deliveries
Article 2; OBJECT
The general terms and conditions govern the online sales by the SELLER to its CUSTOMER of the PRODUCTS
It is recalled that the SITE is intended for its consumers only and that professionals must contact the SELLER in order to benefit from a seperate contractual condition.
Article 3; ACCEPTANCE OF TERMS AND CONDITIONS
The CUSTOMER undertakes to read these general terms and conditions carefully and to accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE
These general terms and conditions are referenced at the bottom of the page of the site by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the general conditions of sale and to keep a copy for future reference.
The SELLER advises the CUSTOMER to read the general condition of sale with each new order, the latest version of the said conditions applying to the new order of the PRODUCTS.
By clicking on the first button to place the order and then the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the general conditions of sale without limitation or condition.
These terms and conditions may be modified at any time without notice by Handsome Horse France.
Article 4; PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing him to be indentified by completing the form available on the SITE. The sign (*) indicqtes the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER.
The follow up of DELIVERIES can, if necesssary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER at any time on the online contact form or email to obtain information on the status of the order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibiltiy and the information provided.
Artictle 5.1; PRODUCT CHARACTERISTICS
The SELLER undertakes to present the essential characteristics of the PRODUCTS on the information sheets available on the SITE and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2ORDER PROCEDURE
Orders the PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below
5.2.1 Selection of PRODUCTS and purchqse options
The CUSTOMER must select the PRODUCT(S) of his choice by clicking on the PRODUCT concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the shopping basket. The CUSTOMER can then continue to add as many products to the basket as he wishes
Once the PRODUCTS have been selected and placed into the basket; the CUSTOMER must click on the basket and check that the contents of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register
Once the CUSTOMER has validated the contents of the basket and has indentified/registered, an automatically completed online order form summarizing the price and if applicable delivery costs will be displayed to them
The CUSTOMER is invited to check the content of hid order ( including the quanity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content
The CUSTOMER may then proceed to the payment of the products by following the instructions on the site and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which the options are avaialbe, these specific references appear when the correct options have been selected. Orders placed must include all the information necessaryfor the proper processing of the order.
The CUSTOMER must also select the DELIVERY method chosen
5.2.3 ACKNOWLEDGEMENT OF RECIEPT
Once all the steps described have been completed, a page appears on the site to acknowledge receipt of the CUSTOMERS order. A copy of the acknowledgement of receipt of the order is automatically sent to the customer by email, provided that the email address provided through the registration form is correct
The SELLER does not send any order confirmation by post or fax
During the ordering process, the CUSTOMER must enter the information necessary for invoicing ( the sign (*) will indicate mandatory fields that must be filled in for the CUSTOMERs order to be processed by the SELLER
In particular, the CUSTOMER must clearly indicate all the information relating the the DELIVERY address
The CUSTOMER must also specify the chosen payment means.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgementof reciept of the order that the SELLER sends to the CUSTOMER by email constitute an invoice. Whatever the method of your order or payment used., the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS inside the packaging or downloadable on the site in the space " my account"
Article 5.3 DATE OF ORDER
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date
Article 5.4 THE PRICE
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in Euros (€) all taxes included (TVA not applicable article 293b of the CGI)and do not include the participation in delivery costs, the amount of which, which may vary according to the choice of the delivery, is specified before the final validation of the order by the CUSTOMER
The prices of the SELLERS suppliers are subject to change. As a result, the prices indicated on the SITE may change. They can also be changed in the case of special offers or sales.
The prices indicqted are valid, except for gross error
In the event of a price error, the SELLER will inform the CUSTOMER in order to proceed with a regularization. If the CUSTOMER refuses to regularize his purchase, the SELLER will cancel the order and refund all sums paid during the order
The applicable price that is indicted on the SITE on the date on which the order is placed by the CUSTOMER
Handsome Horse France reserves the right to change its prices at any time without notice.
Article 5.5 AVAILABLITY OF PRODUCTS
The unavailablity of a PRODUCT is in priciple indicated on the page of the PRODUCT concerned
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable
The CUSTOMER will then obtain a refund of all sums paid for the unavailable product no later than thirty(30) days of payment
All items ordered and not delivered are not held on order
In case of incomplete delivery, unshipped items will be refunded
Article 6; RIGHT OF WITHDRAWL
The terms of the right of withdrawl are provided for in the "withdrawl policy" a policy available in Appendix 1 hereof.
Note , according the the Article L221-28 of the consumer Code, the right of withdrawl cannot be exercised on PERSONALISED PRODUCTS
Article 7.1 PAYMENT METHODS
The CUSTOMER can pay for his products online on the site according the the means proposed by the seller.
Thus , the CUSTOMER can make the payment of his order
- by Credit card ( carte bleu, Visa, Mastercard, American express) via the payment interface of the secure site from SUMUP
7.1.1 PAYMENT BY CREDIT CARD
Payment is made on SumUp's secure banking serves. No banking information concerning the CUSTOMER passes through the Handsomehorsefrance.com website
Payment by credit card is therefore perfectly secure.
The order will thus be registered and validated upon acceptance by SumUp
Thanks to the SSL (secure socket layer) protocol, credit card details are encrypted and never pass unencrypted over the network
The CUSTOMER can securely transmit the credit card number, the validity date, the name of the cardholder (name appearing as such on the credit card) as well as the cryptogram on the back of the card
Handsome Horse France has no access to these details and does not keep them on its servers.
Cards issued by banks domiciled outside of France must be international bank cards
Article 7.2 PAYMENT DATE
In the case of a single payment by credit card the CUSTOMERS account will be debited at the time of payment.
In the case of a partial delivery, the price of the unavailable products with be refunded back to your card
Article 7.3 LATE OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment; the CUSTOMER must contact the SELLER in order to pay for the order by any other valid means of payment
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the customer proves impossible, the order will be cancelled and the sale automatically terminated
Article 8 PROOF 1 ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120€ will be archived by the SELLER for a period of ten (10) years in accordance with article L.134-2 of the Consumer Code
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction
Article 9 TRANSFER OF OWNERSHIP
The SELLER remains the owner of the products delivered until full payment has been made by the CUSTOMER
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may entail.
Article 10 SHIPPING AND DELIVERY
The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereof
Article 11 PACKAGING
The PRODUCTS will be packed in accordance with the transport regulations in force. In order to guarantee maximum protection for the PRODUCTS during DELIVERY
CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - withdrawl policy
Article 12 GUANTEES
12.1 GUARANTEE OF ACCESS TO THE SITE
The visitor or CUSTOMER is fully responsible for the means of access to the SITE
Telecommunication costs for accessing the internet and browsing the SITE are entirely the responsibility of the visitor or CUSTOMER
By browsing the SITE you become de facto the holder of a temporary license for your personal use.
12.2 PRODUCT WARRANTIES
The guarantee certificate consists of the invoice. it should therefore be retained.
The warranty of the PRODUCTS sold on the SITE is limited in all cases to that of the manufacturers.
The repsonsibility of the SELLER can not be sought for any damage whatsoever relating to a lack of use or maintenance, deterioration due to handling errors, abusive or inappropriate use
The SELLER can not be held responsible for deterioration and breakage due to a defense of your horse
PRODUCTS that have been poorly maintained, washed or spinned are excluded from the warranty
The SELLER is also not responsible for interventions carried out on certain PRODUCTS by a person not authorised by us
Apart from the commercial guarantees Handsome Horse France may offer for certain products, all customers benefit from "legal" guarantees, for all PRODUCTS, which are detailed below
12.3 GUARANTEE OF CONFORMITY
It is recalled that as part of the legal guarantee of conformity, the CUSTOMER :
- has a period of two years from the delivery of the PRODUCT to act vis'à-vis the SELLER
- may choose between repair or replacement of the PRODUCT , subject to the cost conditions provided for in article L211-9 of the Consumer Code
- is exempted from providing proof of existence of the lack of conformity of the PRODUCT during six months following the delivery of the good. This period has been extended to 24 months since March 18, 2.16, except for second-hand goods
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any on the PRODUCTS
12.4 GUARANTEE AGAINST HIDDEN DEFECT
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.
In this case, he can choose between resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code
Article 13 RESPONSIBILITY
The responsibility of the SELLER can in no case be engaged in the case of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, inparticular when entering his order
The SELLER cannot be held responsible, or considered to have failed them herein, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts or tribunals.
Article 14 PROTECTION OF PERSONAL DATA
The SELLER collects on the SITE personal data concerning its CUSTOMERS, including through cookies. CUSTOMERS can disable the cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMERS account, analyze orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive communications from the SELLER
The CUSTOMERS data are kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law
CUSTOMERS may unsubscribed at any time by accessing their account
The data may be communicated, in whole or in part, to the SELLERS service providers incolved in the ordering proces. For commercial purposes, the SELLER may transfer to its business partners the na,es and contact details of its CUSTOMERS, provided that they give consent when registering on the SITE
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has the right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. he may exercise this right by sending an email to email@example.com or by sending a letter to :
Handsome Horse France
15 Chez Touraud
It is specified that the CUSTOMER must be able to prove his indentity, either by sending the SELLER a photocopy of his indentity document.
Article 15 CLAIMS
Any written complaint from the CUSTOMER must be sent to the following address :
Handsome Horse France
15 Chez Touraud
Article 16 INTELLECTUAL PROPERTY
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE that use techniques such as framing or insertion by hypertext link ( in-line linking) are strictly prohibited.
Any user of the Handsome Horse France domain name is strictly prohibited without express written consent.
Article 17PURCHASE OF PERSONALISED GOODS
Note that your right to cancel an order and return of your PRODUCT are not applicable for PERSONALIZED PRODUCTS because they have been created according to special requirements
A Personalised product IS CUSTOM MADE to the specifications of the CUSTOMER.
The right of withdraw from an order of a personalised product cannot be exercised according to article L211-28 of the Consumer Code
As PERSONALISED PRODUCTS have been custom-made, they cannot be refunded, returned or exchanged
In addition to the right of withdrawl (see above) the CUSTOMER has the right to refund or replacement of the PERSONALISED PRODUCT if it -
* is defective
* does not match our description
* does not conform to the personalised summary
In this case, the PERSONALISED PRODUCT may be subject of a return request via the SITE. It must be returned in its original packaging after agreement with Handsome Horse France
Article 18; MODIFICATION OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The general conditions can be modified and updated by the SELLER at anytime. The applicable general conditions are those in force at the time of the order.
Changes to the terms and conditions will not apply to PRODUCTS already purchased.
Article 19; JURISDICTION AND APPLICABLE LAW
These general terms and conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In case or dispute, only French courts will be competent.
However, prior to any appeal to the arbitral or state judge, the customer is invited to contact the SELLER.
If no agreement is reached, then an optional mediation procedure will be proposed, conducted in the spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity
Article 20 :LIABILITY
Despite the care taken on the SITE the photographs and text reproduced a,d illustrating the PRODUCTS presented, may sometimes contain errors. In case of receipt of an item that does not comply with the one viewed on the SITE, the CUSTOMER may exchange and / or refund it .
Handsome Horse France can not be held responsible for the non-performance of the contract concluded in case of - out of stock or unavailability of the product - disruption, total or partial strike including carriers and / or communications, floods, fires
any case of force majeure and any other unforseeable or independant event of the company
Finally, Handsome Horse France declines all responsibility ;
- for any interruption of the site, occurrence of bugs, damage resulting from fraudulent intrusion by a third party resulting in a modificationof the information made available on the SITE, - for non-substantial errors relating to the PRODUCTS
- for the impossibility of accessing the SITE
WITHDRAWL / RETURN AND EXCHANGE POLICY
Principle of Withdrawl -
The CUSTOMER has, in principle, the right to withdraw by returning the PRODUCT to the SELLER.
The right of withdrawl does not apply to PERSONALISED PRODUCTS, these products have been custom made according to the CUSOMERS specifications, they can not be returned, exchanged or refunded
Withdrawl Period -
The withdrawl period expires fourteen(14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER takes physical possession of the PRODUCT
Notification of the Right of Withdrawl -
To exercise his right of withdrawl, the CUSTOMER must make a return request indicating the reason and quantity of the item returned via the site contact for or email to firstname.lastname@example.org
Effects of Withdrawl -
In the event of withdrawl by the CUSTOMER, the SELLER undertakes to refund the sum of the product, not including the delivery charges, without undue delay and in the case, no later than 14 days from the day on which the SELLER recieves the returned PRODUCT.
The SELLER may deter reimbursement until receipt of the goods.
Exchange and return are possible in store (exchange or credit only)
The refund is possible only after returning the product to Handsome Horse France
No exchange via the site, it is necessary to return the item that is not suitable and place a new order.
The CUSTOMER must, without undue delay and, in the event, no later than 14 days after communication of his decision to withdraw from this contract, return the property to ;
Handsome Horse France
15 Chez Touraud
This period is deemed to have been respected if the client returns the goods before the expiry of the period of 14 days.
Upon receipt of the return package, the returned PRODUCT will be refunded within a period of 14 days
For exchange via the site, we invite you to place a new order.
In case of delivery error, the return shipping and rerouting costs will be borne by Handsome Horse France
The CUSTOMER must bear the direct costs of returning the PRODUCT.
In the event that the weight of the product prevents the customer from returning this product by post, the customer must bear the direct costs of returning the goods.
The costs actually borne by the customer will depend on the carrier chosen by the latter to return the product.
Handsome Horse France strongly reccommends that the product is returned using a tracked service, we can not take responsibility for goods lost in transit
CONDITION OF THE RETURNED PROPERTY
The PRODUCT must be returned according to the instructions of the SELLER and include in particular all the accessories delivered.
Thus, the PRODUCTS must be returned with all accessories, in their original packaging, new and accompanied by a copy of the purchase invoice and the return number on the package.
The CUSTOMER is only liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the product but his responsibility may be engaged if he carries out manipulations other than those that are necessary
EXCLUSIONS FROM THE RIGHT OF WITHDRAWL
As a reminder, the right to withdrawl is excluded in the following cases :
* Supply of goods or services whose price depends on fluctuations in the financial market
* Supply of goods made to the CUSTOMERS specifications or clearly personalised
* Supply of goods likely to deteriorate or expire rapidly
* Supply of sealed audio or video recordings or software that have been unsealed after delivery
* Newspaper, periodical, magazine (exception subscription contract)
* Provisions of accomodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
* supply of goods which by their are inseparably mixed with other articles
* Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the CUSTOMER after DELIVERY
* the supply of alcoholic beverages whose price was agreed at the time of conclusion of the sales contract, the delivery of which can only be made after 30 days and whose actual value depends on fluctuations in the markey beyond the control of the seller
* Supply of digital content not supplied dematerailized if the performance has begun with the prior express consent of the consumer, who has also ackowledged that he will lose his right to withdrawl
* contracts concluded at a public auction
As a result, books, DVDs, head protectors, perishable products, underwear are not returned, exchanged or refunded, as well as personalised items with initials or signatures
APPENDIX 2 :
Delivery area -
The PRODUCTS offered can only be delivered to France or other territories to be added
It is not possible to place an order for any delivery address outside of these territories
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process
The deadlines for preparing an order and then establishing the invoice, before shipment of the PRODUCTS in stock is within 7 days. This deadline exclude weekends and public holidays.
Electronic notification will be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct
DELIVERY TIMES AND COSTS
During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased
The average delivery time is 5 to 8 working days
For deliveries other than mainland France, the delivery time is 8 to 21 working days, depending on the destination.
Shipping costs are calculated according to the delivery method
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased
Shipping costs are calculated on the weight of the order
In the event of a delay within 15 days of the delivery date indicated when ordering, the customer is invited to contact Handsome Horse France, which will open an investigation with the carrier
The investigation can take up to 60 working days from the date of its opening. At the end of the period, the package will be considered lost and the customer may request a termination of the contract.
It is recalled that no refund or return of the product can be made before the cmosure of the investigation.
The SELLER will reimburse, without undue delay and within 14 days of the receipt of the letter of termination, to the CUSTOMER the total amount paid for the PRODUCTS and DELIVERY COSTS using the same payment method used by the CUSTOMER at this time of the purchase.
The SELLER is responsible until the DELIVERY of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of 3 days to notify the carrier of damage or partial losses noted during delivery
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