Article 1 - Application of the GCS and purpose of the Site
These General Conditions of Sale (GCS) apply to all orders and deliveries between Dream Equestrian, 6 chemin du lavoir, 10800 Moussey, (hereafter: Dream Equestrian) and its clients (hereafter: the client) of the online shop www.dreamequestrian.com (hereafter: the site). Dream Equestrian markets products related to the equine world. By navigating on this site, the customer declares to have read and accepted the general conditions of sale prior to placing an order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 2 - Creation of a customer account
The creation of a "customer account" is required for all orders on this site. To this end, the customer will be asked to provide a certain amount of personal information such as first and last name, email address, postal address and telephone number, this list is not exhaustive. As such, the customer undertakes to provide accurate information. The customer is responsible for updating his data. He must therefore notify the seller without delay in the event of a change. The customer is solely responsible for the truthfulness, accuracy and relevance of the data provided. The registered customer has the possibility to access the site by logging in with his login (e-mail address defined during registration and password). The customer is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the customer has the possibility to generate a new one. This password is a guarantee of the confidentiality of the information contained in his "my account" section and the customer is therefore prohibited from transmitting or communicating it to a third party. Failing this, the seller cannot be held responsible for unauthorised access to a Customer's account. The customer account allows to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the seller cannot be held liable, as this information has no probative value but is only of an informative nature. The pages relating to the customer account are freely printable by the customer holder of the account in question but do not constitute proof, they are only informative in nature and are intended to ensure efficient management of his orders or contributions by the customer. Each customer is free to close his account on the Site. To do so, he must send an e-mail to the Vendor indicating that he wishes to delete his account. No recovery of his data will then be possible. The Vendor reserves the exclusive right to delete the account of any customer who has contravened these GCS (in particular and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and setting up his personal space) or any account that has been inactive for at least one year. The said deletion shall not be liable to constitute a loss for the Client, who shall not be entitled to any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer when the facts justify it.
Article 3 - Order subscription method and description of the purchasing process
Dream Equestrian offers its customers a wide choice of articles for the equestrian world. The customer can access product details such as presentation, dimensions or colour by clicking on the products or article designations. When the customer selects the desired number of articles and clicks on the "add to basket" button, the product is placed in a virtual basket. By clicking on the shopping cart icon in the online shop at the top right of the screen, the customer accesses a summary page and can check which items are in the virtual shopping cart at any time and make changes if necessary. If the customer wishes to finish shopping, he can continue the procedure by clicking on the "Checkout" button. Already registered customers can enter their username and password here in order to automatically use their saved information to place their order. Customers can also register as a new customer and create a customer account or continue shopping without using a customer account. In this case, the customer must enter their address and invoice information on the next page. By clicking again on the "continue" button, the customer reaches the penultimate step of the order, the choice of the delivery method. Finally, the customer chooses his means of payment and proceeds to the payment of his order. The order is completed as soon as the customer clicks on the "Place Order" button. A firm offer is then made. The site also offers pre-order items. This means that the customer undertakes to pay for the item in full when it is not yet available on the site. The order is sent in full when all the products are available. It will be delivered by the carrier selected later in the purchase process. Some products are also subject to longer delivery times (in working days) despite the fact that they are not pre-ordered. The order is sent in full when all products are available and will be delivered by the carrier selected later in the purchasing process.
Article 4 - Price and terms of payment
The prices displayed on the site are in Euros. The legal VAT is included. Any change in the legal VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree. Full payment must be made at the time of ordering. These prices do not take into account delivery charges, which are invoiced in addition and indicated before the final validation of the order. In particular, prices include value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the products from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the product sold. The prices of the Seller's suppliers are subject to change. Consequently, the prices indicated on the site may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except in the case of a gross error. The applicable price is the one indicated on the site on the date the order is placed by the customer. To pay for the order, the customer has at his disposal several methods of payment offered by Dream Equestrian. The methods are secure and fast. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered. The customer guarantees to Dream Equestrian that he/she holds all the authorisations required to use the chosen means of payment. The seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of online payment on the site. In this respect, it is specified that all information relating to payment provided on the site is transmitted to the site's bank or Paypal account and is not processed directly on the site. If the customer chooses to pay in installments, the customer undertakes to pay all the monthly installments requested under penalty of prosecution. Orders having been paid by bank transfer will be shipped only when the total amount appears on DREAM EQUESTRIAN's bank account.
Article 5 - Deliveries
Several delivery methods are proposed, their costs are well indicated during the order validation process and the customer is free to choose the delivery method that best suits him, and according to his expectations. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the period indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...). This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail within two working days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 6 - Right of withdrawal and withdrawal form
As a matter of principle, the customer has the right to return or restitute the product in perfect condition to the seller or to a person designated by the seller, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw. The withdrawal 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. The costs of return shall be borne by the purchaser. For any other question on the withdrawal, the customer can contact customer service via the contact form. The right of withdrawal can be exercised by email at firstname.lastname@example.org . In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. It must be unambiguous and express the willingness to withdraw.
Article 7 - Exceptions to the right of withdrawal
The right of withdrawal cannot be applied and returns will be refused on accessories and underwear for reasons of hygiene.
Article 8 - Product Warranty
The warranty legislation shall apply. The seller is liable for defects in the conformity of the good to the contract under the conditions of article L. 211-4 and following of the Consumer Code and for hidden defects in the good sold under the conditions of articles 1641 and following of the Civil Code. When the consumer acts as a legal guarantee of conformity : he has a period of two years from the delivery of the good to act may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code shall be exempt from furnishing proof of the lack of conformity of the goods during the six months following delivery of the goods The legal guarantee of conformity applies independently of any commercial guarantee. 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 cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The customer may make a warranty claim by sending an e-mail to email@example.com.
Article 9 - Customer Service
The customer service department of this site can be contacted by e-mail at the following address: firstname.lastname@example.org.
Article 10 - Responsibility
The customer expressly admits using the site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. The photographs and visuals of the products presented on the site are not contractual in nature, and the Vendor cannot therefore be held liable if the characteristics of the products differ from the visuals on the site or if the latter are erroneous or incomplete.
Article 11 - Intellectual property rights
All the elements of this Site belong to the Vendor or to a third party agent, or are used by the Vendor with the authorisation of their owners. Any reproduction, representation, adaptation of logos, text, pictographic or video content, without this list being restrictive, is strictly prohibited and is tantamount to counterfeiting. Any Customer who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion can not constitute a damage, without reservation of possible subsequent legal action against him, at the initiative of the Seller or his agent. The brands and logos contained in the Site are likely to be registered by Dream Equestrian, or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts and re-broadcasts is liable to the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 13 - Independence of clauses
If any provision of the T&Cs is found to be unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions. These T&Cs supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer itself. A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these GTC shall be written in the French language.
Article 14 - Applicable law and mediation
These GTC are governed by and subject to French law. Except for provisions of public order, any disputes that may arise in connection with the execution of these GCS may, before any legal action, be submitted to the site editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of the present GTC shall be subject to the jurisdiction of the courts of the jurisdiction of the defendant's place of residence.