terms and conditions of sale
The general conditions of sale describe the framework of the relations between the site "equi-bride.com" and/or the company EQUI-BRIDE EURL, whose head office is domiciled at 5, rue de l'Eau Vive 35 133 LECOUSSE France (hereinafter referred to as: equi-bride.com) defined as the seller and any person or company defined as the buyer or customer.
These terms and conditions may be modified at any time and without notice by equi-bride.com, the new provisions being then applicable to all orders subsequent to the modification.
Any purchase made or any order placed on the site equi-bride.com implies that the buyer has read and accepts fully and without reservation these general conditions of sale. Orders placed on the server bind the customer upon receipt of the order by equi-bride.com and its payment. The sales contract is subject to French law.
EQUI-BRIDE EURL also carries out sales off the Internet site, either on its premises, or to order, or on races; these sales are referred to as direct sales or on races. Unless otherwise specified below for "Direct orders", which include off-site sales, these terms and conditions also apply to these sales.
In the absence of any such condition, the contract shall be governed by French law. Any special conditions emanating from the purchaser, not accepted in writing by EURL EQUI-BRIDE or which would be in opposition with the present general conditions or particularities defined in the price offer will be considered as null and void.
Article 1 - Products
Description
The customer who places an order recognizes by it that all the necessary information on the essential characteristics of the products included in his order were provided to him by equi-bride.com.
The products presented on the equi-bride.com website are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the responsibility of equi-bride.com could not be systematically engaged. Product photographs are not contractual insofar as color rendering may differ from one computer equipment to another. Should a supplier modify a product, equi-bride.com cannot be held responsible; the same applies to the validity of the sales contract, which cannot be called into question.
Availability
Product offers and prices are valid as long as they are visible on equi-bride.com, and this, within the limits of available stocks.
For products not stocked in the equi-bride.com store, offers are valid subject to availability from suppliers. In this context, information on the availability of products provided at the time of placing an order is given for information only. As this information comes directly from the suppliers, any errors or exceptional modifications are beyond the control of equi-bride.com and cannot incur its liability.
In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice of requesting either a refund of the sums already paid within 30 days of payment, or the exchange of a product of equivalent characteristics and price, or the provision of a purchase voucher; the customer remains free to choose either option.
Article 2 - Prices
The sales prices of products marketed by equi-bride.com include all taxes and are guaranteed subject to modification of the French VAT rate. Any change in this rate will then be immediately reflected.
The prices indicated do not include delivery charges or flat-rate participation invoiced in addition. They also exclude customs clearance costs.
Prices are subject to change without notice at any time, it being understood that the prices indicated on the day of the order are the only ones applicable to the purchaser. Delivery charges are subject to change at any time, it being understood that the charges indicated on the day of the order are the only ones applicable to the purchaser, subject to subsequent modification of delivery conditions.
Promotional offers are only valid while stocks last.
All orders are payable in Euro (€) whatever their origin.
Article 3 - Orders
The equi-bride.com website provides its customers with the ordering and payment methods described below. The contact details to be used for each ordering method (online, mail, e-mail, telephone) are given on the order, home and contact us pages. If a customer requires two delivery locations, he/she places two orders, with the associated delivery charges. Equi-bride.com starts processing the order as soon as payment has been received. A flat-rate contribution to fixed costs may be requested for all orders below a certain amount. This amount will be indicated in the product catalog. The fixed contribution depends on the place of delivery and the delivery method chosen.
Online ordering and secure payment
Customers making a secure online payment must use the order form available on the equi-bride.com website. Online payment is made directly via 2 options:
- Secure Paypal account
- Secure payment system provided by EURL EQUI-BRIDE's bank
The customer validates his order by transmitting his bank card number (only bank cards bearing the CB, VISA, EUROCARD or MASTERCARD symbol, approved by the GIE Cartes Bancaires Français, will be accepted). This transmission is made by secure e-mail using SSL protocol. The order validated by the customer will be considered effective by equi-bride.com only when the banking payment centers concerned have given their agreement. In the event of refusal by the aforementioned centers, the order will be automatically cancelled and the customer will be notified by telephone, mail or e-mail.
Internet orders by post and e-mail
Put together your basket on the equi-bride.com website and print out the order summary after filling it in directly online.
Orders placed by post or e-mail must be accompanied by payment or proof of payment.
In the case of payment by cheque, the cheque must be issued by a bank domiciled in metropolitan France or Monaco. Only cheques denominated in Euros will be accepted. Cheques are cashed on receipt of the order.
Payment by bank transfer or Paypal is possible for French customers; it is recommended for foreign customers. Bank details (account number - IBAN number - BIC/SWIFT code - account name - bank name and address) are available on the website or on request; equi-bride.com will confirm this information by post or e-mail on receipt of order.
Direct orders
Direct orders (by telephone, errands, etc.) will only be accepted after EURL EQUI-BRIDE has agreed to them; they will only become effective on receipt of payment or according to the terms defined at the time of the order.
Additional conditions
EURL EQUI-BRIDE reserves the right to cancel or postpone the delivery of any order from a customer with whom there is a dispute concerning the payment of one (or more) previous invoice(s) until a solution acceptable to EURL EQUI-BRIDE has been established. Any order implies acceptance of the prices and description of the products. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
Article 4 - Delivery
Products are delivered to the delivery address indicated at the time of order or made available to the customer in the case of a store pick-up.
Unless otherwise indicated at the time of ordering, equi-bride.com reserves the right to split deliveries according to product availability in store. Shipping and handling charges will be invoiced for a single shipment.
Priority is given to Colissimo deliveries. Other possibilities such as Chronopost, or other service providers are possible; the customer chooses at the time of ordering. However, Equi-Bride may decide to ship by carrier, depending on the size or weight of the products.
Transport times being those of the service providers, equi-bride.com cannot be held responsible for the consequences due to a delay in delivery on the part of these companies, particularly in the case of force majeure, including disasters caused by fire or flooding and strikes.
Delivery costs are defined at the time of order according to the customer's choice (Colissimo, Chronopost, etc.).
Normal delivery rates for the main European destinations are indicated on the site. For deliveries to destinations not listed on the site, these charges will be quoted.
Certain bulky or heavy items may be excluded from the delivery charges; these charges will be quoted separately. Items subject to quotation are also excluded from the available price lists.
In the event of an error in the names and/or contact details (including building number, staircase number, access codes, etc.) provided by the customer for the delivery of the order, EQUI-BRIDE cannot be held responsible for abnormal delays and/or the impossibility of delivery resulting in the return of the parcel to EQUI-BRIDE. Any costs incurred by a new delivery will be charged to the customer.
Article 5 - Customer acceptance
Damaged packaging on delivery
Upon receipt, any anomalies concerning the packaging must be reported to the carrier. These reservations must be recorded by the recipient on the delivery note given by the carrier and also confirmed by registered letter with acknowledgement of receipt to the carrier at the latest within three working days of receipt of the package; a copy will be sent to equi-bride.com. Any claim made after this time will not be accepted. In the case of delivery by Colissimo, Colissimo rules apply. These rules are available at www.colissimo.fr.
Product received does not conform to order
In case of error of delivery by equi-bride.com of products not corresponding to the order, the customer will have to inform equi-bride.com according to the legal deadline in force. The terms of return (transport, costs) will be transmitted to the customer by equi-bride.com which will assume the costs of return.
Non-conformity
The defects of conformity noted by the customer will be transmitted to equi-bride.com within the legal deadline in force. The modalities of either repair or replacement of the good will be defined by mutual agreement between the customer and equi-bride.com according to the nature of the non-conformity. Equi-bride.com will do its utmost to satisfy the customer's choice.
Article 6 - Money-back guarantee
The customer benefits from the "Satisfied or Refunded" guarantee under French law for all orders placed via the Internet. If an item is unsuitable within 14 working days of receipt of the goods, the customer may exercise his right of withdrawal and return the item concerned. This period excludes Saturdays, Sundays and public holidays.
However, in accordance with the provisions of article L.221-28 of the French Consumer Code, it is not possible for a customer to retract an order for made-to-measure products, i.e. products made to the customer's specifications and personalized requirements. In the event of customer error (wrong choice of products, wrong choice of colors, wrong dimensions, wrong options, etc.), custom-made products cannot be put back on the market. This is why we cannot take back or exchange these products.
The customer must return the new item in its original packaging, together with any accessories, instructions and documentation, and any labels enabling unambiguous identification (e.g. delivery note, invoice or copy of invoice) to EQUI-BRIDE - 5 Rue de l'Eau Vive - 35133 LECOUSSE - France. Items returned incomplete, damaged or soiled by the customer will not be accepted. In the event of use, even partial, a discount of up to 50% may be applied.
Any return of goods will result in a refund or exchange after verification of the products. This refund will generally be made by cheque; another method of refund may be agreed between the customer and EQUI-BRIDE. Equi-bride.com undertakes to reimburse the customer who has exercised his right of retraction as soon as possible and at the latest within thirty (30) days following the exercise of the right of retraction.
In accordance with legal provisions, Equi-Bride Saddlery assumes responsibility for shipping costs in the event of delivery errors or defective products. Otherwise, the risks and costs of return are always borne by the purchaser. No return for cash on delivery will be accepted, whatever the reason.
The right of return cannot be exercised for video recordings or computer software unsealed by the customer.
All items can be exchanged or refunded except those marked otherwise.
In the event of return of a parcel marked: "Does not live at the address indicated" or "Unclaimed" or "Refused by the customer" or any other reason not attributable to equi-bride.com, the customer will be required to pay the shipping costs based on the actual costs of the first shipment before proceeding with a new shipment. If the customer refuses to pay new shipping costs, the money-back guarantee will not apply. The refund of the order will be made after deduction of the actual shipping costs, with a minimum of the shipping costs mentioned on the invoice.
To exercise their right of withdrawal, customers can go to their customer account and request the return of an order.
Article 7 - Billing
Customers in mainland France
A detailed invoice for every order placed on the website is printable in the customer area; the indication of the VAT amount gives professionals the possibility of reclaiming it. For orders placed outside the website, the invoice is enclosed with the goods or available on request from customer service on +33 (0)2 23 51 11 82.
Customers from the European Community
As the articles are subject to French VAT, no tax is payable on receipt of the parcel. Exemption from VAT is possible for professional customers; the communication of the intra-community VAT number before the shipment of the goods allows equi-bride.com to establish the invoice excluding French VAT. For customers who have ordered and paid on the equi-bride.com website, VAT refunds are possible mainly by bank transfer. To do this, for each order, send the VAT number by e-mail, enclosing a copy of one of the company's documents containing this code (letterhead, customer invoice or blank order, etc.).
Customers from outside the European Union & French overseas territories
The invoice will be drawn up exclusive of French VAT. Duties and taxes upon entry into the country will be paid by the customer, who must first ensure that the products ordered are authorized for import.
Article 8 - Late payment
When the payment method for a direct order is "On receipt of invoice", payment must be made no later than 15 days after the invoice date. In the event of late payment, penalties and collection charges will apply as follows:
- For professionals: from the 1st day following the due date. A flat-rate indemnity for collection costs of at least €40.00 may be applied per invoice in arrears (Art. L441-5 and art. 441-6 of the French Commercial Code). Additional costs may be claimed on presentation of supporting documents, in particular the fees of a debt collection agency.
- For individuals: after formal notice sent once the payment date has passed.
The rate applied to calculate late payment penalties will be 12% per annum. If this rate falls below the legal rate, the legal rate will apply.
Article 9 - Reservation of ownership
Products remain the property of EURL EQUI-BRIDE until full payment has been received. Failure to pay by any due date may result in the reclaiming of the goods.
It should be noted that the delivery of bills of exchange or other documents creating an obligation to pay does not constitute payment. Nevertheless, the transfer of risks to the purchaser takes place upon delivery of the products.
Article 10 - Guarantee
Invoice serves as warranty certificate
The products marketed by equi-bride.com comply with current French legislation. The responsibility of equi-bride.com can not be held liable for non-compliance with the legislation of the country where the products are delivered. The customer is responsible for verifying with local authorities the possibility of importing or using products or services before placing an order.
The warranty of equi-bride.com and EURL EQUI-BRIDE is limited in all cases to that of the manufacturers. equi-bride.com cannot be held liable for any damage whatsoever resulting from abnormal use of the product sold or caused by wear and tear.
EURL EQUI-BRIDE and equi-bride.com are not liable for any damage resulting from the use of the products sold. In the case of the "latent defect" guarantee, the customer is reminded that he must act within a short period of time from the discovery of the latent defect (article 1648 of the French Civil Code) and provide proof of the existence of such a defect.
Equi-bride.com undertakes to take all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, equi-bride.com cannot be held responsible for any delay or failure to meet its contractual obligations if the delay or failure is due to a cause beyond its control: fortuitous event or force majeure as defined by applicable law.
The responsibility of equi-bride.com will not be engaged in case of delay due to a stock shortage at the publisher or supplier. Furthermore, equi-bride.com will not be held responsible in the event of minor differences between the presentation photos of the articles and the texts displayed on equi-bride.com, and the products delivered.
Hypertext links may lead to other sites; equi-bride.com declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force. Products marketed by equi-bride.com customers via the classified ads service are excluded from these terms and conditions.
EURL EQUI-BRIDE and equi-bride.com disclaim all liability in the event that these products contravene the legal and regulatory provisions in force or cause damage.
Article 11 - Intellectual property
All elements of the equi-bride.com site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks and/or patents. They are and remain the exclusive intellectual property of EURL EQUI-BRIDE and its partners. Any total or partial reproduction of the equi-bride.com website is strictly forbidden without the written consent of EURL EQUI-BRIDE.
Article 12 - Responsibility
In the online sales process (access to the site, ordering process, delivery process and subsequent services), equi-bride.com is only bound by an obligation of means. Equi-bride.com cannot be held responsible for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
Article 13 - No partial validation
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 14 - Personal data protection
All data provided by the customer is used to process orders. By virtue of law n° 78-17 of January 6, 1978 (article 34) relating to data processing, files and freedoms, the customer has the right to access, consult, modify, rectify and delete data communicated to the equi-bride.com customer service department.
Article 15 - Disputes
Complaints or disputes will always be received with attentive benevolence. Good faith is always presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer should first contact equi-bride.com for an amicable solution. Failing this, all disputes relating to the entire commercial relationship shall fall within the exclusive jurisdiction of the Tribunal de Commerce de RENNES for professionals. Disputes arising from the application of these terms and conditions of sale are subject to French law.