General Conditions of Sale for the Horsefair.fr Website
Art 1 - Introduction
All sales are subject to the present General Conditions, overriding any other stipulation produced by the buyer. An order placed by the buyer implies complete and utter compliance with the present General Conditions of Sale of EURL HORSEFAIR.
In addition, the purpose of these General Conditions of Sale is to inform all potential buyers of the conditions under which the seller conducts the sale and delivery of the items ordered.
The fact of the buyer simply clicking on an icon enabling him/her to visualise the present General Conditions of Sale and to order an item pursuant to said General Conditions, implies irrevocable and definitive consent on the part of the customer with regard to all provisions stated herein.
Art 2 - Entering a contract and placing orders
Orders placed via the Website imply commitment on the part of the buyer upon receipt of the telephone call or of confirmation of the order registered by the latter on the Website.
1. Pursuant to Article L. 111-1 of the French Consumer Code [Code de la Consommation], the EURL HORSEFAIR database enables the Customer, prior to entering into contract, to become familiar with the essential characteristics of the product that he/she wishes to order.
2. The Customer chooses a product from among the different categories
3. The products proposed by EURL HORSEFAIR are described and presented as accurately as possible.
4. Photos are for information only, EURL HORSEFAIR not being liable for any disparity thereto.
5. In the case of a supplier modifying a product, EURL HORSEFAIR declines all responsibility for its graphical representation, such modification having no affect on the validity of the sale.
6. Offers are only valid within the limit of stocks available.
7. Insofar as the Customer registers an order, he/she is considered as having accepted with full knowledge of the facts and with no reservations as to the sale price, volume and quantity indicated and ordered.
8. EURL HORSEFAIR recommends the Customer to safeguard a hard copy or an electronic version of such data.
Art 3 - Pricing
1. Sale prices refer to those in force at the time of registering the order, inclusive of delivery charges.
2. Nevertheless, sale prices may be modified at any time for reasons beyond our control. Such modification shall be notified to the Customer prior to ordering.
Art 4 - Payment
1. Unless otherwise stated, the products are payable at the time of order.
2. EURL HORSEFAIR reserves the right to suspend any order and/or delivery, whatever their type and means of processing, should the Customer have failed to pay the sums owed on the due date, or in the event of a reduction in the financial loan granted by EURL HORSEFAIR. Delivery of any new order may also be suspended should payment for a previous order still be outstanding.
3. The HORSEFAIR Website offers secure bank card payments. EURL HORSEFAIR uses the CIC bank group secure payment server, the latter taking the necessary measures to ensure preservation of the confidential nature of all numbers. Should the customer nevertheless prefer not to use his/her bank card, alternative payment means, i.e. cheque, are also available, for which further details may be found on the Website.
Art 5 - Delivery and acceptance thereof
1. HORSEFAIR endeavours to deliver the products ordered within 2 working days to Metropolitan France, subject to the item being available. Please note, however, that delivery dates are given for information only, EURL HORSEFAIR declining all responsibility in the event of late delivery, for whatever reason.
2. Delivery is deemed as terminated upon hand-over of the product to the Customer by the carrier, such as confirmed by the former’s signature on the delivery slip. The Customer should then verify the order delivered and record any warranted reserves and claims, the latter being notified to the carrier by registered letter with acknowledgement of receipt within three (3) working days following delivery of the items. A copy of such claim should be immediately sent to HORSEFAIR.
3. If the products delivered do not comply with the specifications indicated on the delivery slip in terms of quality and type, the Customer shall address his/her claims within eight (8) days following delivery thereof, the right to claim being forfeit thereafter. The buyer shall show evidence of his/her claims, proving the reality thereof. Before returning any goods, the buyer should first obtain prior express consent from EURL HORSEFAIR.
Moreover, in the event of such consent, the buyer shall bear all expedition costs.
Art 6 - Withdrawal
All products benefit from the 7-day “satisfied or exchanged” policy as of the date of delivery. It is mandatory for all such products to be returned in a perfect state of sale and in their original packaging, duly sealed.
Expenses pertaining to return of the product shall be borne by the buyer, dispatch under “carriage due” not being acceptable.
Under no circumstances may the product be returned without prior consent from EURL HORSEFAIR, the latter confirming acceptance via e-mail.
Satisfied or exchanged
Should an item just received not come up to satisfaction, the buyer may return it to the company within 8 days as of receipt of the goods in view of exchange or credit (subject to receiving our prior consent), by observing the following conditions:
1) brand new items in a perfect state and in their original packaging,
2) return under “carriage paid” (i.e. borne by the buyer).
In the event of an erroneous order or of exchange for personal reasons, the customer shall be liable for all carriage costs.
Please always enclose a explanatory letter with the goods returned, indicating the reasons thereof, in addition to your contact details (name and address).
Once checked, the item will then be exchanged or a credit note issued.
You would like an Exchange:
When returning goods, please indicate the reference numbers of those items to be received in exchange.
If you place a new order amounting to more than €100 (delivery to Metropolitan France), we will add the exchanged items to this new order with no delivery charge.
Should an item be out of stock, you will be issued a credit note.
You would like a Credit Note:
Should you return goods following a mistake on your part, items not being quite what you expected, a credit note will be issued for their invoiced value (less any possible sales gesture, or any free or reduced-rate carriage that you may have been granted for that particular dispatch).
You will be issued a CREDIT NOTE to be deducted from your next order (valid for 6 months).
When placing a new order using such credit note, we ask you to kindly indicate its references and amount under the “Make a comment about your order” heading (just after your address).
In the event of an error during the preparation procedure for which we are liable, the goods will be dispatched to you once again at our own expense.
Art 7 – Reservation of title
1. The seller shall retain full and entire title of the items sold until perfect payment of the price in principal, inclusive of all tax and fees.
2. All risks relating to the product shall be transferred as soon as the ordered goods have been entrusted to the carrier. The Customer is thus advised to take out an insurance, at his/her own expense, to cover all potential risks, notably degradation and loss.
3. The Customer shall refrain from selling on, renting or using as guarantee, all or part of the items ordered, up until full payment of the sums owed to EURL HORSEFAIR.
Art 8 - Warranty
1. The present warranty is independent of any other warranty, notably any guarantee of result with regard to satisfying the specific needs of the buyer.
Your invoice serves as warranty certificate. Hence, the start date of the warranty takes effect as of the invoice date. In the event of goods’ return, please enclose a copy of your invoice.
- Improper use (deterioration due to erroneous handling, abusive or non appropriate use).
- Items having been tampered with by persons not authorised by our company.
Art 9 - Liability
The seller declines all responsibility, of whatever kind, for any indirect damages.
Art 10 - Resolutive clause
In the event of full or partial default with regard to any one of the buyer’s obligations, the seller shall be entitled to terminate the present contract. Early termination of the contract by the seller shall, nevertheless, have no effect on the buyer’s obligations deriving from this contract and entered into prior to said termination. In particular, the buyer shall be obliged to pay all sums owed to the seller pursuant to the present contract. Failure by the buyer to pay the sums due within fifteen (15) days as of the seller terminating the contract will entitle the latter to instigate proceedings of whatever kind, thereby enabling it to recover the sums due and to implement the provisions relating to the “Reservation of Title” clause, without prejudice to any damages possibly due by the buyer in terms of default pertaining to the latter’s contractual obligations.
Art 11 - Force majeure
The seller shall not be held liable in the event of delivery beyond the planned deadline due to circumstances falling within the meaning of force majeure, namely in-house strikes by staff of EURL HORSEFAIR or of its regular carrier, fire, flooding, war, production stoppages, default in the supply of raw materials, in addition to road hazards, amongst others.
EURL HORSEFAIR shall inform the buyer of the occurrence of such events, whereby the contract binding EURL HORSEFAIR to the buyer shall be suspended by rights on the date of such occurrence, with no compensation whatsoever being granted. In the case of said event extending over time, the contract may be terminated by one or the other of the parties, with no damages being awarded.
Art 12 - Jurisdiction
The present General Conditions of Sale are governed under French law.
EURL HORSEFAIR elects domicile at its head office.
For disputes pertaining to the present contract between the seller and the buyer, the Commercial Court [Tribunal de Commerce] of Chartres shall stand as sole competent body.
Art 13 - Information Technology and Civil Liberties
Pursuant to the French Information Technology and Civil Liberties Law [Loi Informatique et Libertés] dated 6 January 1978 (Art. 27), the data collected on this Website is used by us for the purpose of processing your request and transmitting information on our products and new items. The automatic processing of personal data collected from the Horsefair Website has been subject to declaration with the French Data Protection Authority [Commission Nationale de l'Informatique et des Libertés] (CNIL) under no. 248 298. You may exercise your right of access and of modification with regard to all personal data, by contacting EURL HORSEFAIR.