ARTICLE 1 - PURPOSE
ARTICLE 2 - CONDITIONS OF ACCESS, ACCEPTANCE AND MODIFICATION
2.1 Access to the Website
Access to the Website is free. However, access to certain Contents offered on the Website requires to have a member’s status of the K Equestrian Community (hereinafter the “Member”).
ARTICLE 3 - REGISTRATION TO THE WEBSITE AND USER ACCOUNT
3.1 User Account
3.1.1 K Equestrian Community User Account and Membership
The User who wishes to become a member must create a user account on the Website using the registration form available on the Website.
Registration’s terms and conditions are specified in article 4.4.
3.1.2 K Equestrian Community User Account and E-Shop’s Access
The creation of a K Equestrian Community’s member account is essential to purchase on the e-shop.
3.2 Use of the Website by Minors
Minors are not allowed to register on the Website, without the consent of their parents or legal guardians.
They declare having received the authorization to access the Website and its Contents, by the person holding parental authority.
Any use of the Website by a minor user is under the responsibility of the holder of parental authority.
The Publisher will delete any account from the reception of a parental request, or from the holder of parental authority, asking for the account to be closed and the related content to be deleted.
3.4 Registration’s Options, Validity and Price
Access to certain Contents on the Website requires that the User has a member status. Obtaining a membership requires a free registration. The registration is valid for a calendar year, renewable by tacit agreement.
The removal of the account blocks the access to enter the community, it occurs in all cases regardless of the enquirer, without any compensation.
3.5 Website Registration
During the registration, the User agrees to provide complete, sincere and accurate information and to keep them up to date.
The Publisher commits to implement the reasonable means at his disposal to ensure the good quality access to the services, without actually being obligate to do so.
This access may be temporarily suspended for the duration of the maintenance necessary work.
This temporary suspension will never give right to any compensation.
The Publisher could not be held responsible for any damage that may result from the use of the services, including loss of data, destruction or viruses, affecting the equipment of the Member.
Online registration is done by completing the form available on the Website. The User then validates his registration and agrees to the General Terms by clicking on the button provided for this purpose.
The User receives an email to the address provided in the registration form, informing him of the registration confirmation, and indicating a username and a password (hereinafter “Identifier”) to access his personal space.
3.6 Username and Password
From the creation of his account, the User is given his Identifiers. These Identifiers are personal and confidential.
In case of loss or theft of one of the Identifiers concerning him, the User is responsible for any harmful consequences of this loss or theft, and should use, as soon as possible, the procedure to modify them (see article 3.7).
The User is solely and entirely responsible for the use of the Identifiers concerning him and commits to make every effort to preserve the confidentiality of his Identifiers and to not disclose, to anyone, in any form whatsoever or for any reason whatsoever (see article 4.6).
3.7 Change of Identifiers
In case of loss or theft of his Identifiers, the User must immediately inform the Publisher of the Website by email via this address: email@example.com
The Publisher of the Website will then delete the Identifiers that connect to his personal space. It will depend on the User to provide the information that will be requested by the Publisher to assign new Identifiers.
3.8 Information Accuracy
The User guarantees that the information he provides on the Website is accurate, sincere and consistent with the reality. He commits to inform the Website via the address firstname.lastname@example.org without delay in case of modification of the information provided at the time of the registration and, if necessary, to make these changes himself in his personal space.
ARTICLE 4 – PERSONAL DATA AND RESPONSIBILITY
4.1 Collection of Information
The User knows and admits that he is required to provide information regarding him when he registers on the Website and subscribes to the services offered by the Website.
Some information is even mandatory, including those allowing the identification of the User to access his personal space.
Personal information collected by the Website include the last name, first name, date of birth, gender, postal and email address, phone or mobile phone number.
In addition, certain non-personal information may be collected such as the version of the User’s browser, the type of operating system used, and the IP address of the computer used.
4.2 Declaration of Personal Data Automatically Processed to the CNIL
The personal data collected on the Website are retained in accordance with the rules prescribed by the Act “Informatique et Libertés”, and for a period justified by the end of their processing. No personal data is collected without the knowledge of the User. No personal information is transferred to third parties. The Website has been the subject of a preliminary declaration to the “Commission Nationale Informatique et Libertés” (CNIL) and is registered under the referenced file No. 1984320.
4.3 Use of Data - Commercial Newsletters
Information collected about the User at the time of his registration is used to deliver different Contents offered on the Website.
All precautions have been taken on the database to archive the User information in a secure environment. The personal data provided by the User at the time of his registration do not constitute a file accessible to third parties, nor transmitted, nor sold nor replaced, except in the following cases and subject to the User’s prior information and his prior consent, or without opposition on his part.
Each user, regardless of his status, may at any time and without charge, request to no longer receive by email the monthly newsletter reserved for members and/or the commercial newsletters about the e-shop, using the link provided in the newsletters.
The User, who unsubscribe from the newsletter service, retains the option to register again later and without charge.
4.4 Right to Rectification, Opposition on Personal Data and Respect for Privacy
Mindful of respect for the privacy of the users of the Contents, the Publisher commits to collect and process the personal data in accordance with the amended Act No. 78-17 of January 6, 1978 relative to computers, files and freedoms Act known as “Informatique et Libertés” The information entered by the users of the Website are likely to be the subject of a computer processing by the Publisher. As such, the users of the Website have the right to access, modify, rectify and delete the data concerning them (article 40 of the amended Act “Informatique et Libertés”). To exercise these rights, the users of the Website are invited to send an email to the following address: email@example.com
As such, the users of the Website have the right to oppose (article 26 of the access Act (articles 34 to 38 of the Act) and rectification (articles 36 of the amended Act “Informatique et Libertés”)) of the data concerning them.
Users can demand to rectify, complete, clarify or delete all information, inaccurate, incomplete, equivocal, or which use, disclosure or retention is prohibited.
The User acknowledges being solely responsible for the use of the access codes concerning him. Any connection or transmission of data carried out by using the account of a member shall be deemed to have been completed by the Member and under his own responsibility.
The collection and processing of personal data of the Members were the subject of a statement to the CNIL.
The User acknowledges and accepts the possibility of implementing cookies on his computer in order to record any information relating to the navigation of his computer on the Website.
Cookies are data which contain no personal information and that are sent through the server on the hard disk of the User's computer.
The role of cookies is particularly to identify more quickly the User when connecting and to facilitate his participation to some events, promotions, activities, etc. offered on the Website.
The User is informed of the possibility to oppose the registration of cookies by configuring his browser accordingly. However, the use of the Website can therefore be disrupted.
4.6 Discharge of Liability
The User is solely and entirely responsible for the use of Identifiers concerning him and commits to make every effort to preserve the confidentiality of his Identifiers and to not disclose, to anyone, in any form whatsoever and for any reason whatsoever.
Furthermore, the Publisher has no obligation and no technical means to ensure the identity of people registering and logging on the Website. He is not responsible for theft of the identity of the User. The Publisher cannot be held responsible for any fraudulent use or not of the User Identifiers. The User will be responsible for the use of his Identifiers by third parties or actions or statements made through his personal user account, whether fraudulent or not and assures the Publisher against any claim to this title.
The User is solely responsible for all activities carried out on his personal space. The User has the responsibility to ensure not responding to unsolicited requests of information about his credit card, his Identifiers, and other data. The Publisher does not take responsibility for the failure to respect the obligations set out in this paragraph.
4.7 Responsibility of the Publications Content
Members are solely responsible for the content they publish on the Website, and agree not to publish any content that they might not hold rights for.
Members allow the Publisher to use or reproduce in any medium any content posted on the Website.
The Publisher does not guarantee the accuracy of the information published and he cannot be held responsible for any content posted by a member or for any loss or damage whatsoever, as a result of the publication or the use of any of these contents.
The Publisher reserves the right to delete any message regardless of the content or the aim, private or commercial, including abusive, violent, racist, hateful, defamatory, pornographic, contrary to morality, to copyright or privacy respect.
Deleting the account will not entitle the Member to any compensation, or a refund of fees to any paid services, including access to the e-shop.
As such, the Member will not be able to appeal any claim against the Publisher.
ARTICLE 5 - INTELLECTUAL PROPERTY
ARTICLE 6 - LIABILITY
The Publisher cannot guarantee to the users of the Website the secrecy of correspondence by email or any other mode of communication using the Internet and that can be picked up by one-third because of the mode of movement of data across the network. Furthermore, it rests to each User to take all appropriate measures to protect his own data and/or software from contamination by viruses circulating on the Internet. The Website Publisher makes every effort to ensure the accuracy and the update of the information provided on the Website but cannot guarantee that all the information it contains is complete, specific, accurate, exhaustive and devoid of any error. The Website Publisher reserves the right to correct or amend, at any time and without notice, the Contents of the Website. As a result, the Publisher declines any responsibility concerning the information available on the Website and the use that can be made of the information contained on this Website or obtained in response to a question via the Website.
The Publisher also declines all liability concerning the decision taking and the modalities of their execution taken by the users on the only basis of the information published on the Website. In General, the Publisher declines all liabilities for the use which might be made of the Website.
In particular, the responsibility of the Publisher cannot be held in the following cases:
Moreover, the Publisher cannot be held responsible in case of force majeure or fortuitous events as defined by the legislation in force and particularly by article 1148 of the Civil Code.
ARTICLE 7 - HYPERLINKS
Any attempt to transfer information to a third party website or modification of the information contained on the Website by a member of the community is prohibited and may lead to legal proceedings on the part of the Publisher of the Website. The Publisher cannot be held responsible for all the hyperlinks or any other computer element used, directly or indirectly, from the Website. The Publisher of the Website does not guarantee and does not make any commitments regarding third-party websites and is not responsible for their content. It is strictly prohibited to create a hyperlink sending back to the Website without the official consent of the Publisher.
The Publisher can publish hyperlinks to other Internet websites, without however exercising control over these websites.
Links to third party websites being proposed to members only for their information, the Publisher cannot be held responsible for their content or their dysfunction.
If you want to make a hyperlink with the www.k-equestriancommunity.com Website, you must contact beforehand the Website Publisher to obtain the necessary authorization using the following address firstname.lastname@example.org.
ARTICLE 8 – PRACTICABLE LAW AND COMPETENT JURISDICTION
Any dispute or claim, including commercial, will be the exclusive expertise of PARIS jurisdiction.
General Terms of Sale of the E-Shop of the K EQUESTRIAN COMMUNITY Website
The offer and the sale of our products on our Website (k-equestriancommunity.com) are determined by this General Terms of Sale.
ARTICLE 1 – ACCESS, ACCEPTANCE AND MODIFICATION TERMS
1.1 Website Access
The use of the e-shop implies the full acceptance by the User of these General Terms of Sale.
Access to the e-shop requires a free registration as a member.
The e-shop offers to the User articles subject to that latter commits to respect these General Terms of Sale. The e-merchant advised to refer regularly to the latest version of the General Terms of Sale. In any case, the User shall be deemed to have accepted them by the mere use of the e-shop. Any use of the e-shop implies acceptance of the General Terms of Sale in their latest version.
It rests with the User to verify with the local authorities of his country the possibilities to import or use the products or services he considers ordering.
The General Terms of Sale can be modified at any time by the e-merchant. In this case, the modified terms come into force as from their uploading. The e-merchant recommends the User to regularly read the General Terms of Sale. The User is deemed to accept this latest version with each new connection to the e-shop.
ARTICLE 2 – REGISTRATION TO THE WEBSITE K EQUESTRIAN COMMUNITY USER ACCOUNT
The User who wishes to make purchases on the e-shop must previously have a K EQUESTRIAN COMMUNITY user account.
ARTICLE 3 – PRICES AND ORDERS
3.1 General Dispositions
The offers and prices indicated on the e-shop are valid the day the order is placed. Prices are denominated in euro, including VAT (all taxes included), and are considered net, excluding postage. Delivery charges are in addition to any order; under certain conditions an order can be exempted from postage (see article 4.2), or discounts may be granted on postage in certain exceptional commercial transactions (see article 3.2).
Prices are subject to change at any time at the sole initiative of the e-merchant, being understood that, these amendments will have no effect on the obligations of the parties relating to the orders previously confirmed by the e-merchant.
Prices may vary based on exceptional events beyond the control of the e-merchant, which in this case, will be obliged to apply the rates arising from these changes. Any French VAT rate change may be reflected immediately on the indicated prices.
By confirming his order, the User accepts the entirety of the present General Terms of Sale available on the e-shop and acknowledges having perfect knowledge, thereby renouncing to take advantage of any contradictory document, and notably those same General Terms of Sale. This confirmation together with the data recorded by the e-merchant will constitute proof of the transactions between the parties.
3.2 Special Commercial Operation: Promotional Offers and Sales
These special commercial operations are accessible to any user holding a K EQUESTRIAN COMMUNITY user account.
These special commercial operations are limited in time.
The nature and duration of special commercial operations are determined by the e-merchant and if necessary, the partners. The terms of a given special commercial operation and its conditions of application, can be changed from one commercial transaction to another and will have no effect on the obligations of the parties relating to the orders previously confirmed by the e-merchant.
3.3 Batches Sales
Under certain special commercial operations and partner offers, the e-merchant and if necessary, the partners, may offer for sale certain items in the form of batches, a batch consisting of several, identical or different, items.
In accordance with the legislation in force, the buyer retains the option to buy the items composing a batch separately.
3.4 Minimum Amounts and Quantities Order
In some case of promotional offers, flash sales or partner offers, the e-merchant and if necessary, the partners, may impose an amount or a minimum quantity order on items from the same range or the same partner, to allow the User to place and confirm his order.
In accordance with the legislation in force, the obligation to a minimum amount or quantity of items to confirm his order will be brought to the knowledge of the purchaser explicitly in the description of each relevant item.
3.5 Basket, Order and Payment Process Details
The screen “ORDER SUMMARY” takes over the details of the order placed for the purpose of confirmation (see above), as well as the personal information. The prices displayed in the basket then reflect different allocated tariff discounts.
If the buyer wishes to amend or correct his order, he clicks on the “Recycle Bin” icon to delete an item, or on the icons “+” and “-” to modify the quantities.
If the buyer wishes to pursue his order, he clicks on the button “Checkout”.
If the buyer wishes to pursue his purchases, he clicks on the button “Continue Shopping”
The “ADDRESSES” section allows the buyer to check the address to which the order will be shipped. By default, the delivery and billing address match the address entered at the time of the creation of his K EQUESTRIAN COMMUNITY user account by the purchaser. The purchaser has the opportunity to have his order delivered to a different address than the one displayed by clicking on the button provided for this purpose.
The “DELIVERY” section allows the buyer to choose the delivery method for his order.
If he agrees with the order summary and the delivery address and method, and if necessary, after completing a different delivery address, the buyer must necessarily check the box “I have read the General Terms of Sale and accept them without any reservation” to access the secure payment module and then click on the button “Checkout”.
The screen “CHOOSE YOUR PAYMENT METHOD” allows the purchaser to choose his payment method.
The selection of the payment method made, the purchaser is redirected directly to the secured payment platform and so is able to proceed to the payment by following the instructions on the screen.
The purchaser receives by email confirmation that the payment has been accepted and that his order is now in process.
The purchaser receives an email confirming the shipment of the order.
3.6 Terms of Payment
3.6.1 Payment Methods
Payment is due at the date of the order:
Payment is made via the online CIC secure payment system “Prestashop”.
Payments made on the Website are fully secure. The payment card details communicated when placing the order never pass the network unscrambled: they are encrypted through the SSL (Secure Socket Layer) Protocol.
The order is definitely confirmed and its processing is performed:
In case of cancellation of the order, the User will receive an email informing him.
3.6.2 Special Dispositions
Any action conducted unilaterally by the User against his banking organization and to challenge a payment made on the e-shop or any action on the part of the purchaser resulting in a way or another to a temporarily or permanently blockage of the funds for the e-merchant will cancel de facto any order processing and in case of completed processing, void of de facto any right to refund the order or shipment of a replacement.
The e-merchant remains the owner of the items sold until the full payment of the price. The payment can never be split and must relate to the amount of the whole order.
ARTICLE 4 – SHIPPING AND DELIVERY
4.1 Shipping Methods and Postage
The e-merchant offers several shipment methods for the orders.
The delivery is made to the address provided when ordering.
Shipments are made from Monday to Friday (except public holiday).
Starting from the date purchased items have left the premises of the e-merchant, the risks are borne by the User.
The weight of the order is automatically calculated by the computer system of the e-shop.
The postages are likely to be changed at any time at the sole initiative of the e-merchant.
4.2 Discounts on Postage
In certain special commercial operations such as promotions and flash sales, the e-merchant, may consent to the User a discount on the postage.
The nature and duration of this discount on postage are determined by the e-merchant.
The fact that the User receives a discount on the postage in a special commercial operation, has no influence on the obligations of the parties relating to the orders previously confirmed by the e-merchant.
4.3 Delivery Dates
The shipping of an order is processed by the e-merchant as soon as possible after validation of the order.
An email confirmation of shipment mentioning, if applicable, the tracking number of the parcel, is sent to the purchaser at the time of the packages drop-off by the e-merchant to postal services.
In accordance with the legislation in force, if the announced delivery date exceeds 7 days, article L 121-20-3 of the Code of Consumption is then applicable.
ARTICLE 5 – RIGHT TO WITHDRAW, RIGHT TO RETURN, REFUND AND REPLACEMENT
5.1 Right to Withdraw, Terms of Return and Refund Relating to All the References of the E-Shop
In accordance with the legislation in force, the purchaser has a period of withdrawal of 7 clear days from the receipt of his order. The procedures for the exercise are set out below.
The purchaser who renounces to his purchase must return to the e-merchant, with a registered letter with acknowledgement of receipt, the entire original package sent by the e-merchant, accompanied by a retraction note of remote purchase at the following address: PROJET 21, K EQUESTRIAN COMMUNITY, chemin des Quatre Nations, 14600 PENNEDEPIE, FRANCE.
It is specified that items returned for refund must be in their original packaging. The e-merchant reserves the right to refuse a parcels’ return and an application for a refund under the period of retraction, if returned items are damaged or deteriorated by the User, or if the original order is returned incomplete.
A request for withdrawal which would not be sent within 7 clear days after the date of delivery or which is not accompanied by the contents of the original packaging will not be taken into consideration.
It belongs to the User to keep proof that the shipment of the retraction application accompanied by the returned parcel to the e-merchant, was made within the legal time limit.
In case of withdrawal, the e-merchant will refund to the User all sum of money paid (total amount of the order including shipping costs) by using the same payment method used for the initial transaction, within a period of 30 days from the date of withdrawal.
It is specified that the reshipment cost of the package to the e-merchant fees remain the responsibility of the User.
The refund however will not be processed unless the contents of the original packaging will be received by the e-merchant. The e-merchant will refund the buyer using the same payment method used for the initial transaction.
The User also has the option to ask the e-merchant the refund to be processed in the form of a voucher to use on a following order.
5.2 Right to Return, Non-Compliance, Return Conditions and Replacement Relating to All of the References of the E-Shop
The e-merchant ensures the compliance and the quality of the items offered on the e-shop.
It is recalled that the e-merchant can only guarantee compliance of his own items. The possible non-compliance which appears on items relating to partners offers cannot in any case be attributed to the e-merchant.
All items offered on the e-shop are described in good faith and as accurately as possible. Presented images do however have no contractual value.
In accordance with article 1138 of the Civil Code, the transfer of the risks of the e-merchant to the User is effective at the time of the order drop-off by the e-merchant to postal services. Therefore, the User is required to check the contents of his order on receipt of this latter.
In the case of damaged or defective delivery because of the transporter or the postal services, the User must send a complaint to the transporter or the postal services, which has carried and damaged the parcel by registered letter, within 3 days, holidays not included, following the receipt of the package, in accordance with article L.133-3 of Code of Trade.
The User must inform the e-merchant of his approach within the same period of 3 days, in advance of the procedure below.
In case of damaged or defective delivery because of the transporter or the postal services, or in case of a delivery non-compliant with the order summary, the User has a period of 7 clear days from the day after the date of delivery to return to the e-merchant damaged, defective or non-compliant items, according to the conditions specified below.
The User who wishes to make a return of one or more items for any of the reasons mentioned in the previous paragraph, must return to the e-merchant with registered letter with acknowledgement of receipt, the item(s) concerned in their packages, and their original packaging, stating the reason for his denial of receipt on the delivery note or the invoice, accompanied by a letter stating his requirements (see next paragraph) and the copy of the complaint sent to the transporter or postal services.
All the elements are to be sent to the following address: PROJET 21, K EQUESTRIAN COMMUNITY, chemin des Quatre Nations, 14600 PENNEDEPIE, FRANCE.
The User is entitled to request:
It is specified that items reshipment cost to the e-merchant remain the responsibility of the User.
It is specified that items returned for replacement or refund must be in their original packaging. The e-merchant reserves the right to refuse a returned item or a request for replacement or refund under the right to return, if the returned items are damaged or deteriorated because of the User.
A request for replacement or refund under the right to return, which would not be sent within the 7 days starting the day after the date of delivery, or which does not contain every parts mentioned above and in particular if the copy of the complaint sent to the transporter or to the postal services, will not be taken into account.
It belongs to the User to keep proof that the complaint to the transporter or the postal services, and the request of replacement or refund to the e-merchant, have been made within the legal time limits specified above.
For any item replacement, the User must pay to the e-merchant the postage for the shipment of a new package with the items replaced.
5.3 Possibility of Replacement
For any other replacement request that does not fit in the legal framework of the right of withdrawal or the right to return, the buyer is invited to contact the e-merchant who reserves the possibility to give favorable consideration to the request depending on the circumstances.
5.4 Availability of Items
The offers on the items are subject to availablity.
In case an ordered item would be sold out although the order has been validated by the e-merchant, this one will inform the purchaser by email. The purchaser may then ask the e-merchant for a refund without delay and at the latest within 30 days, following the payment of the order, of the sold out item and the postage related.
5.5 Guarantee of Hidden Defects and Liability, General Dispositions
The items offered on the e-shop comply with the French legislation in force.
It is recalled that the e-merchant can only guarantee the compliance of his own items. Any defect that appears on items relating to partners offers cannot be attributed to the e-merchant.
The e-merchant commits to provide all care in use in the profession for the implementation of the service offered to the customer.
Nevertheless, the responsibility of the e-merchant may not be retained in case of failure of his contractual obligations in case of a fortuitous event or in case of force majeure such as and without limitation, natural disasters, fire, malfunction or equipment failure, means of transport, communication or result of his actions.
Moreover, the e-merchant responsibility cannot be held in the event of delay due to out of stock, or if an error in the presentation of the products on the e-shop, photographs, texts or illustrations representing the products are not contractual.
5.6 Return the Items
Damaged or incomplete items will not be taken back and will be sent back as is, the return fees will be borne by the User.
Unidentified parcels can be sent back to their sender.
Perfumes and cosmetics will not be either replaced or refunded.
Items on sale will not be either replaced or refunded.
Unwrapped electronic devices will not be either replaced or refunded.
ARTICLE 6 – PRACTICABLE LAW AND COMPETENT JURISDICTION
These General Terms of Sale are subject to the French law.
Any dispute or claim, including commercial, will be the exclusive expertise of PARIS jurisdiction.