GENERAL CONDITIONS OF SALES
www.horserie-paris.com (the “Site”) is edited by Sophie Galliot, self-employed, whose head office is located at 25 rue Brézin, registered in the Paris Trade and Companies Register under number 441 986 965, not subject to VAT.
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with horsérie by any person (the "Customer").
The Customer must read the CGV before any order (the "Order"), the CGV being available on the Sites.
horsérie reserves the right to adapt or modify these GTCs at any time. The version of the GTC applicable to any sale being that appearing online on the site www.horserie-paris.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
2. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.horserie-paris.com is the e-commerce site that belongs to and is managed by horsérie.
The Sites are accessible to all users of the Internet on principle 24 hours a day, 7 days a week, unless there is an interruption, scheduled or not, by the department or its service providers, for the purposes of its maintenance and / or security or force majeure. (as defined below). horsérie cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
horsérie does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely determine, at his sole discretion, any period of unavailability of the Site or its content. horsérie can not be held responsible for data transmission problems, connection or network unavailability.
horsérie reserves the right to modify the Site, for technical or commercial reasons. When these modifications do not alter the conditions for the provision of the services, in a substantial and negative way, the Customer can be informed of the modifications which have occurred, but his acceptance is not requested.
3. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account gathering the Customer's information (the "Account").
The Customer's registration on the Site is validated by Horsérie after verification of the standard form completed by the Customer. The Client receives a registration confirmation email.
When creating an Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is obliged to always update his personal information. In the event of an error in the wording of the recipient's contact details, horsérie cannot be held responsible for the impossibility of delivering Products.
In order to allow easier or faster registration or connection to the Site, the Client has the option of automatically pre-filling the registration form using the “Facebook Connect” option.
To learn more about the protection of personal data during its collection, processing and use as well as the optional rights and parameters to protect his privacy, the Customer can consult Facebook's privacy policies on the site www.facebook. com .
By registering on the Site, the Customer declares and guarantees to Horsérie that he is of legal age and has the legal capacity to contract.
horsérie can delete the Client Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day of the Customer's consultation of the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of horsérie. As such, horsérie cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
horsérie takes great care in the presentation and description of its Products to best satisfy customer information. However, it is possible that errors may appear on the Site, which the Customer recognizes and accepts.
horsérie does not guarantee the accuracy or the security of the information transmitted or obtained by means of the Site.
We cannot be held responsible for differences in color tones of each product.
horsérie takes the photos himself with a digital camera and a Light Box. We retouch with software all the colors of the photos taken. We are retouching them so that it matches the original color as accurately as possible and can be visible and in accordance with the resolution required for the internet. But there may be differences depending on the settings of each computer screen.
Taking an Order on the Site is subject to compliance with the procedure implemented by Horsérie on the Site, comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before confirming his Order. The validation of the Order constitutes confirmation of the Customer's acceptance of the GTCS, the Products purchased, their price and the associated costs.
A confirmation email summarizing the Order (Product (s), price, availability of the Product (s), quantity, etc.) will be sent to the Customer by serial. To this end, the Customer formally accepts the use of electronic mail for confirmation by the department of the content of his Order. Invoices are available in the "my account" section of the Site.
6. REFUSAL TO PROCESS AN ORDER
horsérie reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite the best outside efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
horsérie can not be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
horsérie also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
7. PRICES AND TERMS OF PAYMENT
All the prices displayed are calculated and include the value added tax (VAT) applicable in France.
horsérie reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the Order is placed.
Payment for purchases is made via the secure platform of our payment provider STRIPE.
Stripe Payments Europe, Ltd. is a company registered in Dublin (Ireland) under the number 513174, whose head office is located C / O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, Dublin 1, Co Dublin. For any information, the Customer can consult the following website: https://www.Stripe.com
The Customer expressly acknowledges that the communication of his bank card number to Horsérie constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of cancellation of an Order for non-payment is sent to the Customer by off-line on the email address provided by the Customer when registering on the Site.
The data recorded and kept by horsérie constitutes proof of the Order and of all past sales. The data recorded by STRIPE constitutes proof of any financial transaction between the Customer and outside the series.
8. DELIVERY / SHIPPING COSTS
Deliveries are made by LA POSTE and COLISSIMO services from Tuesday to Saturday. Free for deliveries in France and at 14 Euros to foreign countries.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the " Delivery and returns " section.
When Horsérie takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk is transferred to the Customer when the Product is handed over to the transporter when the latter is responsible for transport by the Customer and not by series.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, a natural person of his choice or a legal person (delivery to his company ). Delivery cannot be made either to hotels or to PO boxes.
If it is impossible to make the Delivery, due to an incorrect delivery address or the lack of withdrawal by the Customer of his Order from the selected withdrawal point, no reshipment can be made and the Customer will be reimbursed in a period of five (5) days from receipt of the Order by Horsérie.
horsérie delivers the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an International Delivery, this period being counted from the first working day after validation of the command.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, stair number, access, names and / or intercom numbers, etc.).
horsérie cannot be held responsible for delay in delivery not being caused by it or justified by force majeure (as defined below).
In the event of the delivery deadline being exceeded, the Customer may request the cancellation of the sale and obtain within a maximum period of fourteen (14) days of his request in this sense the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, horsérie cannot be held liable for any harmful consequences resulting from a delay in delivery, only reimbursement of the Product by horsérie being possible to the exclusion of any other form of compensation.
Deliveries can also be made at Point Relais by the service provider Chrono Relais, subject to acceptance of the package by the selected Point Relais.
9. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal from horsérie, without having to justify its decision.
The exercise of the right of withdrawal can be carried out either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in the appendix to the General Conditions of Sale, by post, to the following address: horsérie - 25 Rue Brézin - 75014 Paris, France, or by email at email@example.com
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return slip provided by horsérie, without undue delay and, at the latest, within fourteen (14) days of the communication of his decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order.
The return of Products is the responsibility of the Customer and is done at his risk
9.3. Refund of Products returned under the right of withdrawal
The reimbursement of the Order by Horsérie will be made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, reimbursement takes place provided that Horsérie has been able to recover the Products subject to the return and the reimbursement request.
horsérie makes the reimbursement using the same means of payment as that which will have been used for the payment of the Order, except with the express agreement of the Customer for it to use another. If this means of payment has expired, the Customer must contact firstname.lastname@example.org to change the method of reimbursement. horsérie cannot be responsible for reimbursement of an expired means of payment.
The reimbursement of an order paid with a gift e-card, a gift card or a credit note will be automatically reimbursed.
In the absence of compliance by the Customer with these GTC, Horsérie will not be able to reimburse the Products concerned. In all cases, the return costs are borne by Horsérie if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
10. GUARANTEES - LIMITATION OF LIABILITY
10.1 Limitation of responsibilities
Horsérie's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. horsérie will not be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- non-pecuniary damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the guarantees provided by law.
horsérie does not provide any guarantee concerning any damage which could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of a computer, including any transmission resulting from the downloading of any content carried out by the Customer, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all the risks linked to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
horsérie is only required to deliver Products that comply with contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be adapted for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same kind and which can be reasonably expected.
In addition, horsérie guarantees consumers of conformity defects and hidden defects for Products sold on the Site under the following conditions:
10. 2 Legal guarantees
All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. "
Article L211-5 of the Consumer Code: "To comply with the contract, the product must:
1) Be suitable for the use normally expected of a similar item and, where applicable:
correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Guarantee against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer does not would not have acquired, or would have given a lesser price, if he had known them. "
Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity. "
As part of the legal warranty against hidden defects, outside the range, at the Customer's choice, undertakes, after assessment of the defect:
- Either to reimburse the full price of the returned Product,
- Or to reimburse him a part of the price of the product if the Customer decides to keep the Product.
Exclusion of warranties
Products modified, repaired, integrated or added by the Customer are excluded from the guarantee. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.
10.3 Procedures for implementing guarantees
Within the framework of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from the delivery of the property to act;
(ii) can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must then contact horsérie at email@example.com or by Whatsapp at + 33 (0) 6 88 97 91 17 (Free call prices via Whatapp), from Tuesday to Friday 11 a.m. to 7 p.m.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, horsérie, undertakes at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if replacement of a Product proves impossible.
Within the framework of the legal guarantee against hidden defects, outside production, according to the Customer's choice, undertakes, after evaluation of the defect:
- either to reimburse him the full price of the returned Product, or to reimburse him part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In the event of an event of force majeure preventing the execution of these GTC, Horsérie informs the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment reception. In an express manner, are considered force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of the customer or the Customer without compensation from either side. Failure to pay by the Customer cannot be justified by force majeure.
11. RETENTION OF TITLE
horsérie retains full and entire ownership of the Products sold until full payment of the full price, in principal, fees, taxes and compulsory contributions included.
12. PARTIAL INVALIDITY
If one or more stipulations of these CGV are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and their scope.
No tolerance, inaction or inertia out of the ordinary can be interpreted as a waiver of his rights under the GTC.
14. MEDIATION- APPLICABLE LAW - COMPETENT JURISDICTION
The sale of Products is subject to French law.
The Customer can get in touch with the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .
In the absence of an amicable resolution, any dispute relating to the interpretation of the GTC, the execution or the termination of a sale, the interpretation, the execution or the termination of the present is subject, failing agreement amicable, to the legally competent courts.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of Sophie Galliot - horsérie - 25 Rue Brézin - 75014 Paris, France
I notify you by the presence of my withdrawal from the contract for the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Name of the Consumer Client:
Address of the Consumer Client:
Signature of the Consumer Client (only if this form is notified on paper)
For any information, you can contact horsérie at firstname.lastname@example.org or by Whatsapp at + 33 (0) 6 88 97 91 17 (Free call prices via Whatapp), from Tuesday to Friday from 11h to 19h.
It is recalled that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and / or software from contamination from possible viruses circulating on the Internet.
Sophie Galliot for horsérie, self-entrepreneur.
The store manager is Sophie Galliot, legal representative of horsérie.
Contact: email@example.com, + 33 (0) 6 88 97 91 17
Wix.com Ltd is an online platform that allows the creation of websites in HTML5
Registered with l'INSEE the 27-10-2014
Company Address : 40 PORT DE TEL AVIV 99207 TEL AVIV JAFFA
SIREN 808 452 825
Société étrangère immatriculée au RCS
You can contact them by post via the following addresses :
40 Namal Tel Aviv St., Tel Aviv, Israël ; ou
500 Terry A. Francois Boulevard, 6th Floor, San Francisco, CA, 94158, USA.
For needs relating to RGPD (article 27), you can contact their european representant via the following address :
Wix Online Platforms Limited, 1 Grant's Row, Dublin 2 D02HX96, Ireland.
3. DESIGN AND PRODUCTION
Georgia Thompson of Hemmings Studio.
4. PERSONAL DATA AND COOKIES
No cookie will be activated without your consent. You can deactivate them from your browser at any time by modifying the parameters
All about cookies and your rights http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
5. Ownership of intellectual property, copyright and logos
The Service and all materials transferred therein, including, but not limited to, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights , photographs, videos and all intellectual property rights are the exclusive property of horsérie. Except as expressly provided herein, nothing in these Terms will be considered to create a license in or under these Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, display publicly , publicly perform, publish, adapt, modify or create works derived from it.